The Crown appealed a trial judge's decision to stay charges against the accused for "Over 80" due to an infringement of the accused's right to trial within a reasonable time under section 11(b) of the Charter.
The appeal focused on the trial judge's calculation of delay, interpretation of a s. 11(b) waiver, and the impact of defence counsel's illness and death.
The Superior Court dismissed the Crown's appeal, finding no palpable and overriding error in the trial judge's assessment of the three-month waiver period, the seven-month exceptional circumstance for counsel's illness/death, and the two-month counsel preparation time, which resulted in a net delay exceeding the Jordan presumptive ceiling.
