The applicants, charged with robbery, kidnapping, and fraud, applied for a stay of proceedings under s. 11(b) of the Charter due to unreasonable delay.
The total delay was 31 months, well above the 18-month presumptive ceiling.
The Crown argued that the defence was responsible for significant portions of the delay due to inaction in pursuing outstanding disclosure.
The court rejected this argument, finding that the Crown failed to fulfill its constitutional disclosure obligations in a timely manner and offered no explanation for the delay.
The applications were granted and all charges were stayed.
