In a sexual assault trial arising from a same-day dating-app encounter, the court first dismissed an application for a stay under s. 11(b) of the Charter.
Although the post-adjournment delay stemmed from avoidable mid-trial issues under ss. 276 and 278 of the Criminal Code, responsibility for that delay was shared by both Crown and defence, and the 15-month total delay was not shown to be markedly longer than it reasonably should have been.
On the merits, the Crown relied solely on the complainant's evidence to prove absence of consent.
The trial judge found significant credibility and reliability concerns, concluded the Crown had not proven beyond a reasonable doubt that the complainant did not consent to all of the sexual activity, and entered an acquittal.
