The accused, charged with possessing child pornography, brought an application under section 11(b) of the Charter alleging unreasonable delay.
The total time from arrest to the scheduled trial date was thirty and a half months.
The court analyzed the periods of delay and found that while there was some institutional and Crown delay, a significant portion of the delay was attributable to the defence making late disclosure requests which necessitated adjourning the original trial date.
The court concluded that the accused's right to be tried within a reasonable time was not violated and dismissed the application.
