The information provided discusses the application of Section 11(B) of the Charter in the context of delays in criminal proceedings.

11. Any person charged with an offence has the right:

to be tried within a reasonable time;

In the case of R. v. Jordan, the Supreme Court of Canada established time limits for the completion of criminal cases in provincial and superior courts, beyond which the charges against the defendant must be stayed. The presumptive ceilings set by the Supreme Court are 18 months for cases in the provincial court and 30 months for cases in the Superior Court of Justice. Delays caused by the defence or waived by them do not count towards these time limits.

In the case of R. v. W.E., the alleged offender faced charges of Assault, Aggravated Assault, and Assault with a Weapon. Mr. Nagi represented the client before the Ontario Court of Justice. The Crown’s delay in providing disclosure hindered the Mr. Nagi’s ability to conduct a meaningful pre-trial in the W.E. matter. Mr. Nagi brought an application for the stay of charges on the ground of breach of the client’s section 11(b) right under the Charter. Despite the Crown’s argument that a pre-trial could have been conducted without disclosure at the hearing, the presiding Judge agreed with Mr. Nagi’s Section 11(b) application. As a result, the charges against Mr. W.E. were stayed. This case exemplifies the importance of timely disclosure and the application of Section 11(b) of the Charter to ensure that defendants are not unduly prejudiced by delays in the criminal justice system.