The accused applied for a stay of proceedings under s. 24(1) of the Charter alleging breach of the right to be tried within a reasonable time under s. 11(b).
They were charged with cocaine trafficking offences under the Controlled Drugs and Substances Act and faced a projected delay of over 50 months from charge to the anticipated completion of trial.
The court applied the framework from R. v. Morin, assessing the length of delay, waiver, reasons for delay, and prejudice to the accused.
Significant portions of the delay were attributed to the Crown’s failure to provide timely disclosure and inadequate case management.
The court concluded that the applicants’ s. 11(b) rights were breached and that a stay of proceedings was the appropriate remedy.
