The Crown appealed a stay of proceedings granted to the respondents, who were charged with first-degree murder in the death of their infant daughter.
The trial judge stayed the charges due to unreasonable delay under s. 11(b) of the Charter, largely caused by the failings of the Crown's pathologist.
The Court of Appeal found that the trial judge erred in including pre-charge delay in his calculation as a remedy for the cremation of the child's remains.
However, the Court upheld the stay, concluding that the post-charge delay of 55 months for one respondent and 42.5 months for the other was unreasonable and severely prejudiced their liberty and security interests.