Two young persons charged with home invasions to facilitate vehicle theft applied for stays of proceedings pursuant to section 11(b) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay.
The total delay from the swearing of the Information to the anticipated end of trial was 18 months and 11 days.
The Crown acted proactively to secure earlier trial dates and the prosecution of multiple co-accused jointly was found to be in the interest of justice.
The court dismissed the application, finding the delay reasonable given the complexity of prosecuting multiple co-defendants and the need to accommodate counsel schedules.