The accused applied for a stay of proceedings alleging unreasonable delay contrary to s. 11(b) of the Canadian Charter of Rights and Freedoms.
The period from charge to the scheduled trial date was approximately 29 months.
Applying the Morin framework, the court assessed waiver, reasons for delay, institutional limitations, and prejudice to the accused.
After deducting defence-caused delay and neutral time, the remaining Crown and institutional delay exceeded the Morin guidelines by only one month, and the prejudice to the accused was limited.
Balancing the seriousness of the charges and the modest degree of prejudice, the court concluded the delay was not unreasonable.
