The Crown appealed an order staying proceedings on the basis that the respondent was not tried within a reasonable time under s. 11(b) of the Charter.
The Court of Appeal upheld the motion judge’s allocation of delay, including a finding of unreasonable institutional delay after accounting for defence-attributable time and inherent case requirements.
The court also upheld the finding of prejudice, including restrictive bail conditions and the effect of delay on witness memory in the context of late-discovered evidence.
Balancing the respondent’s fair trial interests against society’s interest in prosecuting a serious offence, the court held the stay was justified and dismissed the appeal.
