Lois I. Pineau

The Crown appealed an order granting a stay of proceedings on charges of armed robbery due to a breach of the accused's right to be tried within a reasonable time under s. 11(b) of the Charter.

It took 52.5 months to bring the case to trial, with significant delay occurring in the provincial court.

The Crown argued the application judge erred in attributing defence counsel's dilatory conduct to the Crown's failure to be proactive.

The Court of Appeal agreed that the Crown is not responsible for defence counsel's failings, but ultimately dismissed the appeal because the delay was unconscionable and prejudice could be inferred.

The appellant appealed his convictions for conspiracy to traffic and two counts of trafficking, as well as his sentence.

The Crown conceded that the conspiracy conviction should be quashed and an acquittal substituted.

The Court of Appeal agreed and allowed that portion of the appeal.

The appeal against the trafficking convictions was dismissed, as the identification evidence was overwhelming.

Given the acquittal on the conspiracy charge, the Crown conceded the sentence should be reduced.

The Court granted leave to appeal the sentence, allowed the appeal, and reduced the sentence to time served, equivalent to 14 months.