The applicant, Tammy Hilda Amey, brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
She was charged jointly with two co-accused in relation to a cocaine trafficking operation.
The total delay was 31 months.
The court found that 11 months of the delay was attributable to the unavailability of a co-accused's counsel, which did not breach the applicant's rights as the Crown was not yet obliged to sever her charges.
The remaining 8.5 months of Crown and institutional delay fell within the Morin guidelines.
Finding no actual prejudice, the court dismissed the application.