Length of Delay

The precedent-setting case R. v. Morin provides an analytical framework that the court will consider when determining the success or failure of an 11(b) application. The framework consists of four primary factors, and each must be met prior to a determination that the matter should be stayed due to failure to bring the case to trial within a reasonable period of time. The first factor is the length of the delay. In R. v. Omarzadah, Justice Shamai stated that “from the offence date to the time of trial ought to be considered as the time Mr. Omarzadah waited for trial”.

Using that guideline, anytime in excess of 10 months between those two dates is generally considered to be over the reasonable time period to wait for trial, as is explained in R. v. Morin.