The accused was charged with multiple counts of home invasion sexual assault dating back to 1985-1987.
After being discharged at a preliminary inquiry in 1989, the police kept the investigation open pending advancements in DNA technology.
A preferred indictment was eventually obtained in 2010 after DNA linked the accused to the crimes.
The accused brought an application for a stay of proceedings, arguing his s. 11(b) Charter right to be tried within a reasonable time was infringed by the 25-year delay.
The court found that while much of the delay was inherent time required for DNA science to evolve, there were 32 months of unreasonable delay attributable to the Crown and police.
The court granted the stay of proceedings.
