The accused brought a motion seeking a stay of charges for possession for the purpose of trafficking cocaine and possession of proceeds of crime, alleging unreasonable delay contrary to s. 11(b) of the Charter.
The total delay from charge to trial approached 24 months, exceeding the guidelines established in earlier Supreme Court of Canada jurisprudence.
The court examined the length of delay, waiver, explanations for delay, and alleged prejudice to the accused.
Most delay was attributed to institutional factors and inherent requirements of the case, with a small portion attributable to the defence and none to the Crown.
Balancing these factors, the court held that the delay was not sufficiently unreasonable to outweigh society’s interest in a trial on serious indictable charges.
