The accused brought an application for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.
The total delay was 31 months, with a net delay of 30 months, well above the 18-month Jordan ceiling for provincial courts.
The Crown argued the COVID-19 pandemic constituted an exceptional circumstance.
The court deducted 7 months for the initial pandemic shutdown, resulting in a net delay of 23 months.
Finding no evidence of specific efforts by the Crown to mitigate the delay once the case was in jeopardy, the court held the delay was unreasonable and stayed the charges.
