Kaleigh Davidson

The applicant, charged with first-degree murder, brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of his s. 11(b) right to be tried within a reasonable time.

The total delay was 34 months and 9 days, exceeding the 30-month presumptive ceiling.

The Crown argued that the COVID-19 pandemic and case complexity were exceptional circumstances justifying the delay.

The court found the pandemic was a discrete exceptional event and deducted 187 days, bringing the net delay to just under 28 months.

The court declined to find the case particularly complex and held that a stay was not warranted for the sub-ceiling delay, as the Crown's refusal to consent to a judge-alone re-election was reasonable given the joint trial context.

The application was dismissed.

The Crown sought to introduce historical text messages sent by the accused to his wife, which were obtained by police pursuant to a valid general warrant.

The accused sought to exclude the messages on the basis of spousal privilege under s. 4(3) of the Canada Evidence Act and s. 189(6) of the Criminal Code.

The court dismissed the application, holding that spousal privilege is a testimonial privilege that protects a spouse from being compelled to testify, but does not render the communications themselves inadmissible when independently and lawfully obtained by police.