The Crown appealed a trial judge's order staying charges against the respondents due to unreasonable delay under s 11(b) of the Charter.
The Crown argued the trial judge made several errors in attributing delay and assessing prejudice.
The Court of Appeal dismissed the appeal, finding the trial judge's analysis consistent with the Supreme Court's decision in Godin.
The Court emphasized deference to the trial judge's knowledge of local court practices and her strong factual findings regarding the prejudice suffered by the respondents over the 25-month delay.
