The accused brought a pre-trial motion seeking a stay of proceedings, alleging a violation of his s. 11(b) Charter right to be tried within a reasonable time.
The total delay from the laying of charges to the anticipated end of trial was 99 months.
The court found that the accused had actively evaded arrest in Central America for over four years, characterizing this pre-extradition period as defence delay.
Further deductions were made for defence-requested adjournments and the COVID-19 pandemic.
The net delay was calculated at 24 months, which fell below the 30-month presumptive ceiling.
The motion for a stay of proceedings was dismissed.
