The applicant, charged with human trafficking and drug and firearm offences, brought an application for a stay of proceedings under s. 11(b) of the Charter due to a 51-month delay.
The Crown argued that the delay was mitigated by defence delay and exceptional circumstances arising from the COVID-19 pandemic.
The court deducted periods for defence delay and pandemic-related jury trial blackouts, but found the Crown failed to act reasonably promptly in seeking a direct indictment.
The net delay of 34 months and 12 days exceeded the 30-month ceiling, resulting in a stay of proceedings.
