Alexander D. Smith

The accused chiropractor was charged with sexually assaulting a patient.

The trial judge stayed the proceedings due to a 16-month delay, finding a breach of the accused's s. 11(b) Charter rights.

The summary conviction appeal court overturned the stay, finding the trial judge erred in assessing prejudice and institutional delay.

The Court of Appeal dismissed the accused's appeal, holding that the 12-month institutional delay was not unreasonable given the seriousness of the charge and the accused's failure to take steps to expedite the trial.

The appellant was convicted of sexual assault, unlawful confinement, and assault against his wife.

During deliberations, the jury asked to review the testimony of the appellant and the complainant.

The trial judge permitted the jury to watch an unofficial video recording of the trial proceedings in the jury room without counsel present and without controlling which portions were viewed.

The Court of Appeal held this was a fatal error, as responses to jury questions must occur in open court to ensure the accused's right to be present and the judge's control over the proceedings.

The appeal was allowed and a new trial ordered.