Mary E. Murphy

The applicant brought an application to stay proceedings due to unreasonable delay.

The total delay was over 41 months, which included delay from the COVID-19 pandemic and a 5-month period where preliminary inquiries were vacated due to the Crown's interpretation of Bill C-75 amendments to the Criminal Code.

The court found the Bill C-75 delay was a discrete and exceptional event, as the state of the law was briefly in flux.

Deducting this time brought the net delay below the presumptive ceiling.

The application was dismissed.

The applicants sought a stay of proceedings under s. 24(1) of the Charter alleging a violation of their right to be tried within a reasonable time under s. 11(b).

They were charged with importing cocaine following their arrival at Toronto Pearson Airport with suitcases containing several kilograms of cocaine concealed in altered luggage.

Applying the analytical framework from Morin and related jurisprudence, the court assessed the total delay of approximately 30 months and deducted periods attributable to inherent intake, preparation, and scheduling requirements.

The remaining delay attributable to Crown and institutional causes was calculated at approximately 13 months, below the Morin guideline range of 14 to 18 months.

Although the applicants experienced stress and hardship while on bail, the court found the prejudice largely flowed from the charges themselves rather than delay.

Balancing all factors, including the seriousness of the allegations and societal interest in a trial on the merits, the court dismissed the s. 11(b) applications.