The applicant, charged with first degree murder alongside a co-accused, brought a pre-trial motion seeking a stay of proceedings for unreasonable delay under s. 11(b) of the Charter.
The total delay from the swearing of the information to the anticipated end of trial was 1156 days.
The court deducted periods of defence delay, including time taken to retain counsel and unavailability for scheduled dates, as well as exceptional circumstances arising from the co-accused's counsel's conflict of interest and the COVID-19 pandemic.
The net delay fell below the 30-month presumptive ceiling established in Jordan, and the court found the Crown took reasonable steps to move the joint prosecution forward.
The application for a stay was dismissed.
