The applicants sought a stay of proceedings under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging their right to trial within a reasonable time under s. 11(b) had been breached.
The case involved charges of kidnapping, extortion, and assault arising from a violent abduction.
The court conducted a detailed Morin analysis of delay, allocating periods to inherent requirements, defence delay, institutional delay, and Crown delay, including delay caused by a mistrial following disclosure failures.
The court determined that total Crown and institutional delay amounted to approximately 14 months and 27 days, falling within the Morin guidelines.
Although some prejudice was established, it did not reach the level required to justify a constitutional remedy, and the seriousness of the offences weighed strongly in favour of a trial on the merits.
