The accused was charged with assault and brought a Charter s. 11(b) application alleging unreasonable delay.
The trial commenced in November 2015 but required multiple adjournments, with trial dates scheduled for November 27, 2015, February 3, 2016, June 10, 2016 (for the s. 11(b) application), and July 19-20, 2016.
The court analyzed the delay from the swearing of the Information, distinguishing between neutral intake time, inherent time for Crown preparation, and institutional delay.
The court found total institutional delay of approximately 5 months and 8 days, which was well below the guidelines established in R v Morin.
The application was dismissed.