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The court granted a stay of proceedings due to unreasonable institutional delay and actual prejudice.
The accused brought an application for a stay of proceedings due to unreasonable delay in reaching trial, alleging a violation of her rights under section 11(b) of the Canadian Charter of Rights and Freedoms.
The charge involved assault against two children arising from an incident on November 21, 2012.
Four trial dates had been set and adjourned before the application was brought.
The court found institutional delay of approximately 12 months after accounting for inherent time requirements.
The court granted the stay, finding that the accused suffered real, actual, and inferred prejudice from the repeated adjournments and delays, which exceeded any secondary societal interest in prosecution.
