Appeal of conviction on one count of possession for the purpose of trafficking in cocaine. There was a 3-year delay in getting to trial, with none of the delay being the fault of the accused. The delay was the result of delays in getting disclosure, the Crown’s decision to prosecute multiple individuals on the same Indictment, Crown counsel’s decision to attend a funeral on the eve of one trial date, and late expert notice given by the Crown. Issue was breach of accused’s right to be tried within a reasonable time. The trial judge had dismissed the application and the Alberta Court of Appeal had dismissed the appeal.
Held: Appeal Allowed.
The Supreme Court unanimously over-turned the trial judge and the Alberta Court of Appeal. The conviction was quashed and a stay of proceedings entered.