The defendant, charged with assault, sexual assault, and voyeurism, brought an application under s. 11(b) of the Charter alleging unreasonable delay.
The total delay from the date of charge to the anticipated end of trial exceeded the 30-month presumptive ceiling.
After deducting delay solely attributable to the defence and discrete events, the net delay still exceeded the ceiling.
The court found the delay unreasonable and granted a stay of proceedings.
