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.
