The accused challenged a delay of over eleven months on an application for a directed verdict as violation of the right to a trial within a reasonable time under section 11(b) of the Charter.

The Court found that there was a violation of section 11(b) and granted a stay of proceedings.

His trial began and after the closing of the Crown's argument, in December 1982 the defence applied for a directed verdict.

In September 1983, the defence applied to dismiss the charges as a violation of Rahey's right to trial in a reasonable time under section 11(b) of the Charter.

The next day the trial judge issued his decision rejecting the application for a directed verdict.