The accused, charged with invitation to sexual touching, brought an application for a stay of proceedings under s. 11(b) of the Charter due to unreasonable delay.
The total delay from the swearing of the Information to the anticipated trial date was 34.7 months.
The court found that a significant portion of the delay was attributable to the Crown's failure to disclose relevant computer forensic evidence until shortly before the original trial date, necessitating an adjournment.
Finding that the delay exceeded the guidelines and caused actual prejudice to the accused, the court granted the application and stayed the proceedings.
