The applicant, charged with making an explosive substance, brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of his s. 11(b) right to be tried within a reasonable time.
The total delay was 33 months and 22 days, exceeding the 30-month presumptive ceiling for the Superior Court.
After deducting defence-caused delay, the net delay remained above the ceiling.
However, the court found that the Covid-19 pandemic constituted an exceptional circumstance that justified the delay, as it caused a seven-month suspension of court operations.
The application for a stay of proceedings was dismissed.