This episode of Canada’s Court is Her Majesty versus Marc-André Boulanger. The issue in this case focuses on s. 11(b) of the Charter. Specifically, the Supreme Court of Canada considered whether two particular periods of delay, 84 and 112 days respectively are to be attributed to defense due to their conduct. 

In Boulanger, an 11(b) application was brought by the defense, as a result 32 months net delay. After analyzing, although without great detail the case’s history, the lower court granted the motion for a stay of proceedings pursuant to 24(2) of the Charter. The Crown appealed to the Quebec Court of Appeal. The Court of Appeal, dismissed the appeal, coming to the same conclusion, however through different analysis. Justice Chamberland dissented, giving the Crown a right to appeal to the Supreme Court of Canada.