2 total
Application for a stay of proceedings dismissed as multi-defendant complexity justified the 18-month delay.
Two young persons charged with home invasions to facilitate vehicle theft applied for stays of proceedings pursuant to section 11(b) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay.
The total delay from the swearing of the Information to the anticipated end of trial was 18 months and 11 days.
The Crown acted proactively to secure earlier trial dates and the prosecution of multiple co-accused jointly was found to be in the interest of justice.
The court dismissed the application, finding the delay reasonable given the complexity of prosecuting multiple co-defendants and the need to accommodate counsel schedules.
Impaired driving charges stayed for unreasonable delay below the Jordan ceiling due to Crown disclosure complacency.
The applicant brought a motion alleging a breach of his s. 11(b) Charter right to be tried within a reasonable time for impaired driving charges.
Although the total delay of 17.1 months fell below the 18-month presumptive Jordan ceiling, the applicant sought an under-the-ceiling stay.
The court found that the defence took meaningful, sustained steps to expedite the proceedings and that the case took markedly longer than it reasonably should have, primarily due to the Crown's complacency in providing initial disclosure.
The court granted the application and stayed the charges.
