Christine Mainville

The defendant, N.M., was charged with sexual assault and sexual exploitation of his step-daughter, A.D. The Crown's case relied on A.D.'s testimony and an audio recording.

The defendant denied the allegations, and his testimony was found credible by the court.

The court identified inconsistencies and reliability concerns in the complainant's evidence, including potential motives related to her biological father.

Applying the R. v. W.D. framework, the court found that the Crown had not proven guilt beyond a reasonable doubt and acquitted the defendant on all charges.

The accused was charged with simple assault.

The trial concluded almost two years after the charge was laid.

The defence brought an application for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter.

The Crown argued that the delay between the charge and the accused's arrest should be deducted as defence-caused delay, alleging the accused evaded police.

The court found the police did not make diligent and reasonable efforts to locate the accused.

Furthermore, the Crown failed to meet its disclosure obligations in a timely manner, causing additional delay.

The net delay of 21.5 months exceeded the 18-month Jordan ceiling, and no exceptional circumstances justified it.

A stay of proceedings was entered.