The seven appellants were convicted of trafficking in heroin following an undercover police operation.
They appealed their convictions on several grounds, primarily arguing that the 44.5-month delay between their charges and trial violated their right to be tried within a reasonable time under s. 11(b) of the Charter.
The Court of Appeal agreed with respect to six of the appellants, finding the delay was largely systemic and caused prejudice, and ordered a stay of proceedings for those six.
The appeal of the seventh appellant, who was arrested much later, was dismissed on all grounds, including arguments regarding the destruction of police notes, jury instructions, and sentence fitness.
