The accused brought a Charter application seeking a stay of sexual assault charges, alleging breaches of ss. 7 and 11(b) of the Canadian Charter of Rights and Freedoms.
The accused argued that delay of approximately 17.5 months and alleged disclosure issues impaired his ability to make full answer and defence and violated his right to be tried within a reasonable time.
The court found no evidentiary foundation for the s.7 claim and concluded that much of the delay was attributable to defence actions, including declining multiple earlier trial dates and appearing through agents without instructions.
Institutional delay was approximately nine months, within the guidelines established in R. v. Morin.
The court also found no actual prejudice beyond the ordinary stress of facing criminal charges.
