The applicant brought a motion alleging a breach of their right to a timely trial under section 11(b) of the Canadian Charter of Rights and Freedoms.
The applicant was charged with sexual assault on February 24, 2019, and was arrested on March 2, 2019.
Trial dates were initially set for April 6-9, 2020, but were adjourned due to the COVID-19 pandemic.
New trial dates were set for January 4-7, 2021.
The central issue was how much delay attributable to the pandemic should be deducted from the total delay calculation.
The applicant argued that only three months (the period of court closure) should be deducted, while the Crown argued that the entire nine-month period from the first trial date to the second trial date should be deducted as an exceptional circumstance.
The court found that reasonable measures to mitigate the delay had been taken and deducted nine months from the net delay, resulting in a remaining delay of 12 months and 21 days, below the presumptive 18-month ceiling established in R. v. Jordan.
The application was dismissed.
