The Crown appealed a Quebec Court of Appeal decision that quashed four convictions and entered a stay of proceedings based on a violation of the right to be tried within a reasonable time under s. 11(b) of the Charter.
The trial judge had found a s. 11(b) infringement but declined to stay proceedings on the basis that the accused had not been prejudiced by the delay.
The Court of Appeal erred by entering a stay without re-examining the reasonableness of the delays, even though the record contained a detailed statement of admissions.
The Supreme Court held that a functional analysis of the trial judge's reasons showed he considered the relevant Morin factors and reached the correct conclusion.
The defence-caused delays, including multiple unsuccessful applications and insistence on conflicted counsel, must be subtracted, and the transitional exceptional circumstance under Jordan further supported the conclusion that s. 11(b) was not infringed.
