The accused brought a s. 11(b) Charter application for a stay of proceedings due to unreasonable delay.
The total delay was 20.9 months (637 days), exceeding the 18-month presumptive ceiling for provincial court cases.
The court deducted 21 days for defence-caused delay but found no basis to deduct time for the COVID-19 pandemic without specific evidentiary foundation.
The Crown failed to rebut the presumption of unreasonable delay or demonstrate that the case was particularly complex.
The court found a breach of the accused's s. 11(b) Charter right and entered a stay of proceedings.
