A youth charged with voyeurism brought a Charter application under section 11(b) of the Canadian Charter of Rights and Freedoms seeking a stay of proceedings on the grounds of unreasonable delay.
The charge arose from conduct occurring between April and July 2012, with the information sworn in October 2012.
The trial was scheduled to commence in November 2013, resulting in approximately fourteen and one-half months of delay from information to anticipated trial completion.
The court found that while some delay was attributable to inherent court processes and counsel availability, significant delay resulted from Crown failures to provide timely disclosure and to communicate its decision on reasonable prospects of conviction.
The court applied the framework from R. v. Morin and considered the particular sensitivity of youth proceedings under the Youth Criminal Justice Act, which requires law enforcement characterized by promptness and speed.
The court determined that the combination of institutional delay exceeding administrative guidelines and Crown delay materially slowed the process, resulting in an unreasonable delay for a young accused.
