The accused were charged with possession of cannabis marijuana for the purpose of trafficking and possession of proceeds of crime following execution of a search warrant.
Both accused brought a motion for a stay of proceedings based on an alleged violation of their section 11(b) Charter rights (right to trial within a reasonable time).
The total delay from commencement of proceedings to trial was 19 months and 22 days.
The court found that approximately 16 months of delay was attributable to state conduct, including Crown delays in vetting the Information to Obtain and significant institutional delays in scheduling.
The court found that the delay exceeded the 8-10 month guideline for provincial court trials and that the accused suffered some prejudice from the extended delay.
The court granted the stay of proceedings.
