Randall Hillier, charged with multiple offences related to the "Freedom Convoy," sought a stay of proceedings under section 11(b) of the Charter, arguing his right to be tried within a reasonable time was violated.

The total delay was approximately 34 months and 28 days.

The court deducted 65 days for defence-caused delay (counsel's refusal to attend a pretrial conference) and 40 days for exceptional circumstances (Supreme Court's Haevischer decision requiring re-hearing of a motion).

The net delay of 31 months and 13 days still exceeded the 30-month Jordan ceiling, leading the court to grant the application and stay the charges.

Justin Europe, charged with human trafficking in January 2019, brought a s. 11(b) Charter application for unreasonable delay after his conviction.

The central issue was the effect of bringing the application late, after trial and conviction.

The court found that while lateness is not fatal per se, in this case, the applicant's conduct (opposing adjournment on delay grounds, scheduling and then abandoning a prior s. 11(b) application) constituted an implicit waiver of a significant period of delay (370 days from when trial dates were set to the end of trial).

After deducting this waived period and COVID-19 related delay, the net delay of 29.6 months fell below the 30-month Jordan ceiling.

The application was dismissed.