The applicants, two police officers charged with theft, obstruct justice, and perjury, applied for a stay of proceedings alleging a violation of their right to be tried within a reasonable time under s. 11(b) of the Charter.
The total delay was 41 months and 6 days.
The court deducted periods of defence delay, including an implicit waiver by one co-accused, and delay caused by an inaccurate estimate for the preliminary inquiry.
The court also deducted 10 months as an exceptional circumstance due to the COVID-19 pandemic backlog.
After deductions, the net delay for both applicants fell below the 30-month presumptive ceiling.
The application was dismissed.
