The accused brought an application under ss. 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms seeking dismissal of drug trafficking charges for unreasonable delay.
Approximately 27 months had elapsed between the laying of charges and the scheduled trial date.
The court applied the framework from R. v. Morin and considered the length of delay, waiver, reasons for delay, and prejudice to the accused.
The court found that the majority of the delay constituted inherent time requirements of the case, and that the remaining delay—largely attributable to witness availability and scheduling issues—amounted to approximately eight months.
Although some prejudice was inferred and partially established, the delay fell within acceptable limits and was outweighed by society’s interest in adjudicating serious criminal charges on their merits.
