The applicant sought a dismissal of sexual assault charges under s. 11(b) of the Canadian Charter of Rights and Freedoms due to alleged unreasonable delay.
The court calculated the total delay from the laying of the information to the projected trial completion, deducting periods attributable to the defense, including delays in retaining counsel, medical issues of counsel, and counsel's unavailability for trial dates.
The court found the net delay to be 29.75 months, which is below the 30-month presumptive ceiling for Superior Court cases.
The applicant failed to demonstrate that the delay was unreasonable, and the application for dismissal was denied.
