The accused, having been convicted of sexual offences and making child pornography, brought an application for a stay of proceedings alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.
The total delay from the laying of charges to the conclusion of evidence was approximately 59 months.
The court deducted periods of defence delay, including time taken to schedule a preliminary hearing and trial due to defence counsel's unavailability, as well as discrete exceptional delay caused by the COVID-19 pandemic and Crown illness.
Although the net delay of 31.4 months slightly exceeded the 30-month presumptive ceiling, the court dismissed the application, finding that the defence had explicitly waived delay and demonstrated a marked indifference to delay throughout the proceedings.
