The accused applied for a stay of proceedings under s. 24(1) of the Charter, alleging breach of the right to be tried within a reasonable time under s. 11(b).
The charge, possession of marijuana for the purpose of trafficking, remained outstanding for approximately 905 days from arrest to the hearing of the application.
The court applied the Morin framework and found extensive delay attributable to the Crown, particularly relating to late and incomplete disclosure and failures to attend scheduling courts.
Institutional delays also contributed, while only limited time was waived by the accused.
The court concluded the Morin guidelines were exceeded and the delay was unreasonable, warranting a stay of proceedings.
