The accused brought an application under s. 11(b) of the Charter seeking a stay of proceedings for unreasonable delay.
The total delay from the swearing of the information to the second trial date was approximately 115 weeks.
The court applied the Morin framework and found that the majority of the delay was inherent to the case, including significant time spent on resolution discussions and the Crown's assessment of the prospects of conviction.
The institutional delay was within acceptable limits, and the accused failed to demonstrate significant prejudice.
The application was dismissed.
