Prosecutors are appealing a court decision to stay the criminal charges against former Ontario legislator Randy Hillier in relation to his participation in the Freedom Convoy protests in Ottawa.
Superior Court Justice Kerry McVey ruled last month that the case had taken too long, pushing it beyond the mandatory time limits established by the Supreme Court of Canada.
The threshold is 30 months for cases in Superior Court, and McVey found Hillier’s case stretched 31 months and 13 days after deducting delays caused by the defence and exceptional circumstances.
In a notice of appeal filed earlier this month, the Crown argues the judge erred in not characterizing any period before Hillier indicated he wanted a jury trial as a delay caused by the defence.
Prosecutors also argue the judge erred in not considering a delay to schedule a motion on a second change of venue to be the result of …