The accused applied for a stay of proceedings alleging violations of ss. 7 and 11(b) of the Canadian Charter of Rights and Freedoms arising from an alleged seven‑year delay in prosecuting a charge of possession of cocaine for the purpose of trafficking under the Controlled Drugs and Substances Act.
The court applied the framework from R. v. Morin to assess whether the delay was unreasonable.
After accounting for waivers and extensive delay attributable to the accused and his counsel—including attempts to transfer the matter to another jurisdiction and failures to attend court—the court concluded that over four years of the delay was caused by the defence.
The remaining delay was within the upper range of acceptability and did not amount to a breach of the accused’s right to be tried within a reasonable time.
The court also rejected the allegation that the Crown’s refusal to pursue a proposed resolution constituted an abuse of process under s. 7 because no binding agreement was proven.
