Two defendants jointly charged with assault causing bodily harm brought separate applications under section 11(b) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings based on breach of their right to be tried within a reasonable time.
The offence occurred on April 18, 2010, and the application was heard on February 14, 2012, representing over 20 months of delay.
The court found approximately 12 months of unjustified delay after accounting for neutral time and inherent case requirements.
The delay was primarily attributable to the crown's failure to recognize that an essential witness required a Punjabi interpreter, leading to the adjournment of the first trial date set for May 19, 2011.
The court granted the applications and entered a stay of proceedings for both defendants.
