The accused was charged with theft and his preliminary inquiry was scheduled 15 months after the charge was laid, largely to accommodate the investigating officer's schedule.
The accused brought an application before a superior court judge seeking a stay of proceedings for unreasonable delay under s. 11(b) of the Charter.
The superior court granted the stay, but the Court of Appeal set it aside.
The Supreme Court of Canada allowed the appeal, holding that the superior court properly exercised its jurisdiction to hear the application and that the 15-month delay was unreasonable, violating the accused's s. 11(b) rights.
