Diana Grech

The Crown appealed an order staying proceedings against the respondent for sexual assault, based on a breach of the respondent's s. 11(b) Charter right to a trial within a reasonable time.

The application judge found that the respondent's delay in electing mode of trial was reasonable due to outstanding essential disclosure, and that the COVID-19 pandemic did not contribute to the delay.

The Court of Appeal dismissed the Crown's appeal, upholding the application judge's findings that the pre-election delay was not attributable to the defence and that the pandemic was not an exceptional circumstance in this case.