Majority
The judgment of the Court was delivered orally by
Sopinka J.
Sopinka J. ‑‑ This is an appeal as of right from a decision of the Court of Appeal for Ontario setting aside a stay of charges against the appellant.
We agree with the Court of Appeal that applying the factors in R. v. Morin, [1992] 1 S.C.R. 771, the delay herein was not unreasonable.
With respect to the period from the date of the charges to committal for trial, having regard to the fact that most of the elapsed time was due either to the inherent time requirement of the case or waiver, the delay was not unreasonable. Agreement to suggested dates cannot be characterized as acquiescing in the inevitable in the absence of evidence to that effect.
With respect to the period between the date of the committal and the date of trial, part of the time was waived and the balance is not unreasonable in light of the principles and guidelines set out in R. v. Morin, supra.
The appeal is, therefore, dismissed.
Judgment accordingly.
Solicitor for the appellant: Irwin Koziebrocki, Toronto.
Solicitor for the respondent: Ian R. Smith, Toronto.
Cases cited
- R. v. Morin 21996-1992-03-26