2 total
Stay of proceedings granted due to unreasonable trial delay exceeding Morin guidelines.
The accused brought an application for a stay of proceedings, alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.
The accused was charged with drug trafficking offences and possession of a prohibited weapon.
The court found a total delay of 17.5 months, attributing 3.5 months to unreasonable Crown delay in providing disclosure and 9 months to institutional delay.
Finding that the 12.5 months of delay attributable to the Crown and the system exceeded the Morin guidelines, and noting the real prejudice suffered by the accused in family court proceedings, the court granted the application and stayed the charges.
The court granted a stay of proceedings due to unreasonable trial delay exacerbated by the Crown's failure to provide timely disclosure.
The accused brought a motion for a stay of proceedings based on an alleged violation of the right to be tried within a reasonable period of time under s. 11(b) of the Canadian Charter of Rights and Freedoms.
The court found that the total delay of 17.5 months, when reduced to account for neutral intake and institutional delay, resulted in 12.5 months of attributable delay—exceeding the Morin guidelines by 2.5 months.
The Crown was responsible for 3.5 months of unreasonable delay in providing essential disclosure, particularly the Information to Obtain (ITO) for the search warrant.
The court found that the accused suffered both inherent prejudice and real prejudice, including disruption to family court proceedings regarding custody and access to his children.
The court granted the stay of proceedings.
