Court of Appeal for Ontario
R. v. Morin
Date: 2000-09-14
None disclosed.
(Court No. C31876)
1By the Court: We accept the findings of fact made by Carnwath, J.
2It is accepted that the delay of some 4 years 5 months was prima facie unreasonable. While one may disagree with some parts of Cornwath's, J.'s, assessments of responsibility for delays following Oct 4, 1997 [Oct. 7, 1994] there can be no doubt (and the Crown accepts) that there could not have been a trial for slightly over three years regardless of the accused's attitude toward going for trial or his readiness for trial.
3Even though this was a complicated "paper" case the Crown should have been ready for trial well before Oct. 1997.
4The delay attributable to the Crown plus the actual prejudice suffered by the respondent combine to make this an appropriate case for a stay both with respect to the respondent and the corporate accused.
5Appeal dismissed.
Appeal dismissed