The applicants, charged with possession of marijuana for the purpose of trafficking and production of marijuana, brought an application for a stay of proceedings alleging a violation of their s. 11(b) Charter rights.
The anticipated delay from charge to the end of trial was over 48 months.
The Crown argued that much of the delay was attributable to the applicants' co-accused and should be counted as defence delay.
The court applied the framework from R. v. Jordan, finding that the delay of one accused cannot be automatically attributed to co-accused.
The court found that the applicants were responsible for very little delay and had repeatedly asserted their desire to move the matter forward.
The net delay significantly exceeded the 30-month ceiling for superior court trials, and the Crown failed to establish exceptional circumstances to justify it.
The application was granted and the proceedings were stayed.
