What is the length of delay for a post-charge delay?

Addressing the length of the delay, the period to be examined is from the date the information is sworn until the completion of the trial. Pre-charge delay is not counted in determining the length of the delay; however, it can be considered in the overall determination of whether the post charge delay is unreasonable: Regina v. Morin, supra per Sopinka J. at p. 788.

As a matter of procedure the court must first determine whether the period of delay is sufficient to raise the issue of reasonableness before commencing an inquiry into the explanation for the delay. Further, this inquiry is pursuant to the accused's application under Section 24(1) of the Charter and, as a consequence, the accused bears the legal burden throughout: Regina v. Smith, 1989 CanLII 12 (SCC), [1989] 2 S.C.R. 1120 at pp. 1132-1133.