The applicant, a police officer charged with trafficking oxycodone, applied for a stay of proceedings under s. 24(1) of the Charter, alleging a breach of his s. 11(b) right to be tried within a reasonable time.
The total delay from the date of the charges to the hearing of the application was approximately 45 months.
The court applied the Morin framework and found that the majority of the delay was attributable to the applicant's actions, including changing counsel multiple times, and waiver by defence counsel.
The court concluded that the remaining institutional and Crown delay fell within acceptable guidelines and dismissed the application.
