The respondents were charged with sexual assault.
The trial judge stayed the charges under s. 11(b) of the Charter due to a 25-month delay from arrest to the scheduled trial date, attributing the delay beyond the Morin guidelines to the Crown's late disclosure.
The Crown appealed.
The Court of Appeal allowed the appeal, finding the trial judge erred by failing to deduct 7.5 months for inherent time requirements and by isolating the delay in the Superior Court.
After deducting the intake period, the 17.5-month delay fell within the Morin guidelines.
The stay was set aside and a new trial ordered.
