The accused jointly applied under s. 24(1) of the Charter for a stay of proceedings on the basis that their right to be tried within a reasonable time under s. 11(b) had been violated.
The overall delay between arrest and scheduled trial was approximately 999 days (nearly 33 months).
Applying the analytical framework from R. v. Morin, the court assessed waiver, reasons for delay, and prejudice.
After deducting defence and neutral delay, the court found approximately 550.5 days (about 18.08 months) of Crown and institutional delay, which was only slightly above the guideline range.
Given the seriousness of the charges and the finding that most prejudice arose from the existence of the charges rather than delay itself, the court concluded the accused had not established a Charter breach.