The accused, Ismet Bajcinca, brought an application for a stay of criminal proceedings due to unconstitutional delay under section 11(b) of the Canadian Charter of Rights and Freedoms.
The court found that almost twenty-seven months passed between the laying of the charge and the anticipated end of trial, significantly exceeding the 18-month ceiling for the Ontario Court of Justice.
The primary cause of delay was identified as the Crown's complacent approach to disclosure and case management, despite some leisurely conduct by the defence.
After calculating the net delay, which was well above the ceiling, and finding no exceptional circumstances, the court granted the stay of proceedings.
