Ian R. Smith

The appellant appealed a decision of the Court of Appeal for Ontario setting aside a stay of proceedings.

The appellant argued that his right to be tried within a reasonable time under s. 11(b) of the Charter was violated.

The Supreme Court of Canada dismissed the appeal, applying the factors from R. v. Morin.

The Court found that the delay was not unreasonable, as much of the elapsed time was due to the inherent time requirements of the case or was waived by the appellant.

The appellant appealed a decision of the Ontario Court of Appeal that allowed the Crown's appeal from a stay of proceedings.

The Supreme Court of Canada dismissed the appeal, applying the principles from Askov and Morin to find that the delay from the time of the charge to the date set for trial was not unreasonable under section 11(b) of the Charter.