The applicants, charged with multiple drug trafficking offences, brought an application under s 11(b) of the Charter alleging unreasonable delay.
The total delay from arrest to the anticipated end of trial was approximately 39 months.
The court applied the Morin framework, attributing much of the delay to inherent time requirements and defence actions, calculating institutional delay at just over 16 months.
Finding minimal prejudice to the applicants' liberty and fair trial rights, the court concluded the balance favoured society's interest in a trial on the merits and dismissed the stay application.
