The Crown appealed a stay of proceedings granted by the trial judge on the basis that a 61.5-month delay from the date of arrest to the trial date violated the respondent's right to be tried within a reasonable time under s. 11(b) of the Charter.
The Court of Appeal found that the delay, particularly the 16 months taken to complete the preliminary inquiry, was clearly unacceptable.
The court emphasized the duty of all participants to recognize when a case is in jeopardy of a s. 11(b) violation and to take proactive steps to expedite the proceedings.
The appeal was dismissed.
