The Crown appealed an order staying criminal proceedings under s. 11(b) of the Charter for unreasonable delay.
The lower court had found that the elapsed time between charge and trial violated the accused’s right to be tried within a reasonable time.
Applying the framework from Morin and related jurisprudence, the appeal judge reassessed the allocation of delay, finding that certain periods—including intake procedures and delay following a mistrial—were neutral and not attributable to the Crown.
After deducting these neutral periods, the institutional delay fell within acceptable guidelines.
The appeal was allowed and a new trial was ordered.
