The applicants were charged with drug and firearms offences in June 2010.
After a first trial resulted in acquittals that were later overturned on appeal, a second trial was ordered.
The applicants brought an application under s. 11(b) of the Charter, arguing unreasonable delay.
Applying the new framework from R. v. Jordan, the court calculated a total delay of 79 months.
After deducting defence delay and appellate delay, the net remaining delay was 38 months, which exceeded the 30-month presumptive ceiling.
The court found the transitional exceptional circumstance did not apply and stayed the proceedings.
