Case Summary

The applicants sought a stay of proceedings under s. 24(1) of the Charter alleging a violation of their right to be tried within a reasonable time under s. 11(b). They were charged with importing cocaine following their arrival at Toronto Pearson Airport with suitcases containing several kilograms of cocaine concealed in altered luggage. Applying the analytical framework from Morin and related jurisprudence, the court assessed the total delay of approximately 30 months and deducted periods attributable to inherent intake, preparation, and scheduling requirements. The remaining delay attributable to Crown and institutional causes was calculated at approximately 13 months, below the Morin guideline range of 14 to 18 months. Although the applicants experienced stress and hardship while on bail, the court found the prejudice largely flowed from the charges themselves rather than delay. Balancing all factors, including the seriousness of the allegations and societal interest in a trial on the merits, the court dismissed the s. 11(b) applications.