Following findings of guilt on two counts of uttering threats, the defendant sought to schedule a s. 11(b) Charter application for a stay of proceedings for unreasonable delay.
The court declined to hear the application, holding that the defendant failed to comply with her duty to raise delay proactively and in a timely manner, having made a tactical decision to await the trial outcome before pursuing the application, contrary to the principles established in R. v. J.F. and R. v. MacLaughlin.
