David Marcel Robinson

The applicant sought a stay of proceedings under sections 11(b) and 24(1) of the Charter, alleging unreasonable delay.

The total delay from arrest to the anticipated end of trial was 31.89 months, exceeding the 30-month presumptive ceiling for Superior Court cases.

The court analyzed periods of delay attributable to the defence (42 days for election of mode of trial, 70 days for counsel unavailability) and found that after deducting these, the net delay fell below the Jordan ceiling.

The court also considered the impact of the COVID-19 pandemic as an exceptional circumstance.

The application for a stay was dismissed as the net delay was not unreasonable.

The Applicant, M.C., charged with sexual assault and forcible confinement, brought a pre-trial motion to introduce evidence of the complainant's prior sexual activity and discussions under s. 276 of the Criminal Code.

The court conducted a two-stage hearing to determine admissibility.

Evidence directly related to the alleged incident (questions 12-21) was deemed permissible.

Evidence of general prior sexual activity and relationship context (questions 1, 2, 3, 6, 9, 10, 11) was found inadmissible as it supported "twin myths" and lacked probative value.

However, specific discussions about planning bondage sex for the Niagara Falls trip (questions 4, 7, 8, and safe word discussions from 5) were deemed admissible, as they directly related to the accused's understanding of the interactions at the time of the alleged offence and were not unduly prejudicial.