The defendants brought a section 11(b) Charter application seeking to stay proceedings on the grounds that their right to be tried within a reasonable time had been breached.
The total delay from arrest to anticipated trial conclusion was 21 months and 6 days, exceeding the 18-month presumptive ceiling by 3 months and 6 days.
The Crown conceded there was no defence delay, waiver, or discrete event.
The court found the case was not particularly complex and that the Crown's decision to join multiple defendants together late in the proceedings, and subsequent partial severance, created unnecessary delay.
The court granted the application and stayed the proceedings.
