The defendant brought an application for a stay of proceedings under section 11(b) of the Charter due to unreasonable delay.
The total delay from the information being sworn (October 10, 2021) to the anticipated end of trial (April 18, 2024) was 922 days.
The court deducted 43 days for defence delay in scheduling a JPT and 14 days as an exceptional circumstance for trial scheduling due to the pandemic.
The court found no further defence delay for failing to proactively assert s. 11(b) rights, as the Crown had twice declined to prioritize the case.
Despite potential Covid-19 deductions, the net delay of 807 days (26.5 months) remained well above the 18-month Jordan ceiling for the Ontario Court of Justice.
A stay of proceedings was granted.
