The Crown appealed a stay of proceedings granted under s. 11(b) of the Charter due to undue delay.
The delay included a period following a mistrial caused by a misstep by the trial judge.
The application judge characterized this period as institutional delay, noting the unusual circumstances and the failure of the Crown or the court to canvas earlier trial dates.
The Court of Appeal found no error in the application judge's conclusions regarding the characterization of the delay or the finding of prejudice, and dismissed the appeal.
