Three appellants were convicted at trial of assault causing bodily harm, with two also convicted of unlawful confinement.
Following the trial judge's reasons, the appellants moved for a stay of proceedings on the basis that their right to be tried within a reasonable time under s. 11(b) of the Canadian Charter of Rights and Freedoms was infringed.
The trial judge stayed the proceedings, but the Court of Appeal for Ontario allowed the Crown's appeal and restored the convictions, finding the net delay was below the Jordan ceiling.
The Supreme Court dismissed the appeal, agreeing with the Court of Appeal in the result and leaving several s. 11(b) legal issues — including treatment of multiple accused and post-conviction applications — to be resolved in a future case.
