CONSTITUTIONAL ISSUES - Legal rights - Trial within a reasonable time

Law360 Canada ( September 24, 2018, 9:22 AM EDT) -- Application by four accused, charged with fraud over $5,000, conspiracy to commit fraud, falsifying books, and circulating a false prospectus, for a stay of proceedings for failure to be tried within a reasonable time. The charges related to 310 allegedly fraudulent transactions regarding heavy equipment sold out of trust, which occurred between 1992 and 2002. The Crown was provided disclosure from the RCMP following a 10-year investigation in 2011. The information initiating the charges was sworn in 2012. The accused’s 2014 successful application for a stay of proceedings for pre-charge delay had been reversed by the Supreme Court of Canada in 2017 and the matter remitted for trial. The three-month trial was scheduled to commence in September 2018. The delay from the laying of the charges to the anticipated end of trial was 73 months. Deducting 26 months attributable to appellate delay resulted in a net delay of 47 months....
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