The accused, jointly charged with firearms offences, brought applications for a stay of proceedings under s. 24(1) of the Charter, alleging their s. 11(b) rights to a trial within a reasonable time were breached.
The total time from charge to the anticipated end of trial was approximately 33.5 months.
The court analyzed the delay, attributing portions to inherent time requirements, neutral delay (including illness of counsel and accommodating co-accused's counsel), and institutional delay.
The court found the institutional delay of approximately 16 months fell within the combined Morin guidelines for provincial and superior courts.
Balancing the prejudice against the societal interest in trying serious firearms charges, the court dismissed the applications.
