The applicants sought a stay of proceedings under section 11(b) of the Charter due to unreasonable delay in their criminal trial for production and possession of controlled substances.
The court found a total delay of 44.5 months, with 10 months attributable to egregious Crown delay and 9 months to institutional delay.
Despite minimal prejudice to fair trial rights, the significant impact on the applicants' liberty and security interests, exacerbated by the Crown's failure to manage the case responsibly, led the court to conclude that the right to be tried within a reasonable time was violated.
A stay of proceedings was granted.
