The accused brought an application under s. 11(b) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings on the basis that a 30‑month delay from arrest to trial infringed their right to be tried within a reasonable time.
The court applied the framework from R. v. Morin and assessed the length of delay, reasons for delay, prejudice to the accused, and the societal interest in adjudicating the charges.
The court attributed portions of the delay to inherent requirements, defence delay, Crown delay related to a certiorari application, and institutional delay.
The combined Crown and institutional delay totaled approximately 17½ months, within the Morin guideline range for cases proceeding through both the Ontario Court of Justice and the Superior Court of Justice.
Balancing the modest prejudice experienced by the accused against the strong societal interest in prosecuting serious firearms and drug charges, the court concluded the delay did not exceed what is constitutionally tolerable.
