The accused applied for a stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, alleging that a 26‑month delay from arrest to trial on a charge of possession of cocaine for the purpose of trafficking violated his right to be tried within a reasonable time.
The delay included institutional delay in both the Ontario Court of Justice and the Superior Court of Justice, including a nine‑month adjournment due to the unavailability of a judge.
Applying the guidelines from R. v. Morin, the court found that although the delay warranted scrutiny and some prejudice could be inferred, the accused’s evidence of actual prejudice was limited and not significant.
The court also considered that the accused’s election for a jury trial and Charter applications increased scheduling complexity and contributed to the length of the delay.
Balancing the modest prejudice against the strong public interest in adjudicating serious drug trafficking charges on their merits, the court declined to grant a stay.