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Supreme Court establishes framework for assessing unreasonable trial delays under s. 11(b) of the Charter.
The appellants were charged with conspiracy to commit extortion and related offences.
Following their committal, their trial was delayed for almost two years, primarily due to institutional problems and a lack of resources in the judicial district.
The appellants moved for a stay of proceedings, arguing their right to be tried within a reasonable time under s. 11(b) of the Charter had been infringed.
The Supreme Court of Canada held that the delay was clearly excessive and unreasonable, establishing a framework for assessing s. 11(b) claims that considers the length of delay, explanation for delay, waiver, and prejudice to the accused.
The appeal was allowed and a stay of proceedings was directed.
