The defendant was charged with sexual assault, sexual interference (two counts), and showing sexually explicit images to a person under age 16, with offences dated between July 18-19, 2017.
The defendant brought a Charter section 11(b) application for a stay of proceedings due to delay.
The Crown proceeded by summary conviction.
The total delay from charge to trial was approximately two years.
The court found that while the defence was unavailable for January trial dates, those dates did not allow reasonable time for defence preparation given the need to retain an expert to analyze the defendant's cell phone.
The court determined that the defence pursuit of expert analysis was legitimate and that the Jordan clock did not stop in January.
All subsequent trial dates fell beyond the presumptive ceiling with no exceptional circumstances.
The court granted the stay of proceedings.
