The accused applied for a stay of proceedings under s. 24(1) of the Charter, alleging an infringement of his right to be tried within a reasonable time under s. 11(b).
The accused was charged with child luring, sexual interference, and sexual assault.
The court calculated the net delay to be 31.7 months, which exceeded the 30-month presumptive ceiling for cases in the Superior Court of Justice.
The court rejected the Crown's arguments to attribute additional delay to the defence or to deduct time for exceptional circumstances.
Finding the delay presumptively unreasonable and unrebutted by the Crown, the court granted the application and stayed the charges.
