The accused applied for a stay of proceedings under s. 24(1) of the Charter, arguing his right to a trial within a reasonable time under s. 11(b) was infringed.
The total delay from charge to the third trial date was 43 months.
The court analyzed the delay periods, attributing significant portions to inherent time requirements, including the illness of Crown counsel and the unavailability of co-accused's counsel.
The court found the institutional delay was 15 months and 18 days, which fell within the Morin guidelines.
Finding no significant prejudice caused by the delay itself, the court dismissed the application.
