The accused applied 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 31 months and 20 days, exceeding the 30-month presumptive ceiling set in Jordan.
The Crown argued the delay was justified by the exceptional circumstance of the COVID-19 pandemic.
The court agreed, finding the pandemic and its systemic impact constituted a discrete exceptional circumstance that reduced the net delay below the ceiling.
The application was dismissed.
