How much time has elapsed between February 7, 2005 and March 28, 2007 between the date of the charge and the date the charge was brought?

Looking at the period of time from the charge, i.e. the date the information is sworn to the end of trial inclusive of the reasons (February 7, 2005 to March 28, 2007) as I have said, some 26 months elapsed. In my view, nothing turns on the pre-charge period here, approximately three weeks and it ought not to have any influence on the overall determination I must make on the threshold question of whether the period of the post charge delay is sufficient to raise the issue of reasonableness before I commence my inquiry, if there is to be one at al, into the reasons for the delay (see e.g. Regina v. Alliston (2000), B.C.P.C. 60 at paragraph 22). If the delay is unexceptional, as per Morin above (p. 10-11), no inquiry is required on my part (or explanation for the delay) unless the accused can show for example prejudice that the delay is unreasonable.

Based on all the authorities placed before me, I am of the view that the delay on its face from the date the information was sworn February 7, 2005 to the date of my reasons March 28, 2007, some 25½ months is of sufficient length to raise an issue as to reasonableness, and I must therefore, as in the words of Mr. Justice Sopinka in Regina v. Morin (p.17), inquire into why it took some 25½ months from charge to my reasons to determine if on the facts of this case. The accused in the first step of the Morin “test” has made out a prima facie or threshold case for unreasonable delay.