The applicants, charged with drug trafficking and importation offences along with seven co-accused, brought an application for a stay of proceedings alleging a violation of their right to be tried within a reasonable time under s. 11(b) of the Charter.
The total delay was approximately 32.5 months.
The court calculated the actionable delay to be 8 months and 11 days, well within the Morin guidelines, particularly given the complexity of the case and the need to accommodate counsel for multiple co-accused.
The court also found that the applicants failed to establish any specific prejudice resulting from the delay.
The application was dismissed.
