The accused, charged with sexual assault, brought a pre-trial application under s. 11(b) of the Charter alleging unreasonable delay.
The application was filed late, violating the Criminal Proceedings Rules and the provincial Practice Direction.
The court summarily dismissed the application, finding that the late filing would cause systemic delays and that the application had no reasonable prospect of success, as the delay was primarily attributable to the defence's re-election and the Covid-19 pandemic.
