The applicant sought a stay of proceedings under s. 11(b) of the Charter due to a net delay of over 40 months since the information was laid.
The Crown argued the delay was justified by the case's complexity and the exceptional circumstances of the COVID-19 pandemic.
The court found the case was not particularly complex and that the pandemic did not justify a delay of nearly a year beyond the Jordan ceiling, especially given institutional unresponsiveness to the applicant's inquiries for earlier trial dates.
The application was granted and the proceedings were stayed.
