The appellant appealed a decision of the Quebec Court of Appeal that overturned a stay of proceedings.
The trial judge had ordered the stay due to a 20-month delay between the issuance of an arrest warrant and the actual arrest, finding a breach of the right to be informed of the specific offence without unreasonable delay under section 11(a) of the Charter.
The Supreme Court of Canada dismissed the appeal, agreeing with the Court of Appeal that there was no proof of prejudice to the accused.
In an addendum, the Chief Justice noted that an infringement of section 11(a) could potentially be established based on economic prejudice, rather than solely on prejudice to the right to a fair trial.
