Photo: The Canadian Press

Charges in a long-running case over the abduction of prized sheep from an Ontario farm were stayed this week, after a judge found there had been unreasonable delays in bringing the matter to trial.

The development ends a slow-grinding legal ordeal for an Ontario sheep breeder and a dairy farmer, unless the Crown decides to appeal.

Linda "Montana" Jones and Michael Schmidt were charged following an investigation into the removal of 31 sheep from an Ontario farm in April 2, 2012, hours before the animals were to be euthanized.

The Canadian Food Inspection Agency had ordered the slaughter after a sheep sold by Jones to an Alberta farm allegedly tested positive in 2010 for scrapie, a deadly and easily transmitted disease that affects the nervous systems of sheep and goats.

A lawyer for Jones and Schmidt sought a stay of proceedings earlier this month, arguing the delay in bringing the case to trial was unreasonable.

The application was made in line with a Supreme Court of Canada ruling earlier this year that concluded delays must not exceed 30 months in superior courts and 18 months for cases at the provincial level.

The judge presiding over the case agreed the delay was unreasonable and stayed the charges against Jones and Schmidt this week.

Justice Laura Bird said the delay was largely the result of difficulties in Crown disclosure to the defence, and noted that the CFIA, in her view, did not devote sufficient resources to the management of the file.

A trial for Jones and Schmidt was set to begin in April 2017.

"The total delay between the date the information was sworn and the expected completion of the trial is four years and five and a half months," Bird wrote in her ruling. "The applicants have established on a balance of probabilities that their right to be tried within a reasonable time ... has been infringed."

Jones faced six charges — five under Health of Animals Act and one charge of conspiracy under the Criminal Code — while Schmidt, who has previously clashed with authorities over the right to sell raw milk, faced two charges under the HAA and one conspiracy charge under the Criminal Code.

"To have this case go on...just for it to have turned into this for seven years, it's tragic," Jones said after Bird's ruling. "Even though we've won today I don't want to walk away from it as if it never happened."