The appellant sought a stay for breach of the constitutional right to be tried within a reasonable time after substantial pre-trial and trial delay in a drug prosecution.
The Court held the delay was unreasonable and reformulated the governing section 11(b) framework by introducing presumptive ceilings of 18 months in provincial court and 30 months in superior court or post-preliminary inquiry matters.
Delay above the ceiling is presumed unreasonable unless the Crown proves exceptional circumstances outside its control.
Applying that framework contextually, the remaining delay far exceeded the ceiling and was not justified by complexity, transition, or institutional strain.
The convictions were set aside and a stay was entered.
