A corporation charged with regulatory offences arising from a critical workplace injury brought a motion for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay.
The defendant argued that the delay from charge to trial exceeded the presumptive 18-month ceiling established in R. v. Jordan.
The court found that although the delay exceeded the ceiling, transitional provisions applied because both parties had relied on the previous legal framework requiring proof of prejudice.
The court dismissed the application, finding that the defendant had failed to actively pursue expedited proceedings, had only once raised Charter rights, and had consented to all adjournments.
The court also found the matter was complex and serious, involving a severe workplace injury and six days of trial time with competing expert evidence.
