Defence application to stay proceedings under section 11(b) of the Charter granted for 5.5 years' or 66 months of delay



Ontario Superior Court of Justice

Her Majesty the Queen





Counsel: [REDACTED], for Federal Crown

[REDACTED], for Accused


Released: [REDACTED]

The Accused brought an application for a Stay of Proceedings based upon unreasonable delay under Section 11(b) of the Charter. The period of time under consideration runs from the date of arrest on 4 June, 1997 to the 24th of November, 2003 which was Monday of this week. That is a period of five and a half years or sixty-six months. After considering the Defence's legal argument and reasons for the delay, the Court concluded that the delay in this case was unreasonable and granted a Stay of Proceedings.