The defendant brought an application to stay proceedings for violation of his s.11(b) Charter right to be tried within a reasonable time.
The defendant was arrested on September 8, 2014, charged with assault with a weapon and assault causing bodily harm.
The trial was originally scheduled for July 13-15, 2016, but was adjourned due to defence counsel illness, with an express s.11(b) waiver.
A new trial date was set for September 26-27, 2017.
The court found that the net delay under the Jordan framework was 585 days (approximately 19.2 months), exceeding the 18-month presumptive ceiling for provincial court matters.
The court determined that the Crown failed to justify the delay under the transitional exceptional circumstance, particularly due to significant Crown delay caused by a missing Crown file for over four months.
A stay of proceedings was granted.
