The appellant corporation was charged under the Occupational Health and Safety Act following a fatal industrial accident.
Due to a lack of court facilities, the trial was delayed for 19 months.
The appellant moved for a stay of proceedings, arguing its right to be tried within a reasonable time under s. 11(b) of the Charter was violated.
The Supreme Court of Canada held that while a corporate accused can rely on s. 11(b), it cannot rely on the presumption of prejudice that applies to individual accused.
Since the appellant did not establish actual prejudice to its ability to make full answer and defence, the delay was not unreasonable and the appeal was dismissed.
