The accused applied for a stay of proceedings under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging a breach of the right to be tried within a reasonable time under s. 11(b).
The total delay from the laying of the Information to the anticipated trial date was approximately three years, nine months, and eighteen days.
Applying the framework from R. v. Morin, the court analyzed the length of delay, reasons for delay, and prejudice.
Much of the delay was attributed to neutral intake periods, inherent time requirements of the case, or institutional delay within acceptable limits.
The court found minimal prejudice to the accused and concluded that the societal interest in a trial on the merits outweighed the delay.
