The applicants, charged with offences related to an armoured car robbery, applied for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of their s. 11(b) right to be tried within a reasonable time.
The total delay from the laying of charges to the scheduled trial was approximately 49 months.
The court applied the Morin framework and found that the majority of the delay was attributable to the inherent time requirements of the case and defence actions, particularly during a protracted preliminary inquiry.
The total Crown and institutional delay was calculated at just under 13 months, which fell within the Morin guidelines.
Finding no unreasonable delay and no evidence of actual prejudice, the court dismissed the application.
