The Crown appealed a summary conviction appeal court's decision to stay proceedings against the respondent for "over 80" due to unreasonable delay under s. 11(b) of the Charter.
The delay was caused by the COVID-19 pandemic.
The summary conviction appeal judge (SCAJ) found the Crown had not taken reasonable steps to mitigate delay by accepting consecutive trial dates instead of exploring earlier non-consecutive ones.
The Court of Appeal allowed the Crown's appeal, holding that the SCAJ erred by failing to defer to the trial judge's assessment of local circumstances and the reasonableness of the Crown's actions in managing the pandemic-induced backlog.
The Court clarified that the heightened urgency for scheduling retrials (as per MacIsaac) does not apply to initial trials delayed by exceptional circumstances like COVID-19.
The stay of proceedings was set aside, and the conviction restored.
