K. Ludgate

The offender was convicted of one count of sexual assault following an incident where he engaged in unprotected intercourse with an impaired complainant on a first date.

The Crown sought a sentence of 30-36 months, while the defence proposed 18 months.

The court considered the aggravating factors, including the vulnerability of the complainant and the profound impact on her, alongside mitigating factors such as the offender's lack of a related criminal record and strong pro-social support.

The court sentenced the offender to two years less a day in custody, followed by one year of probation, and imposed ancillary orders including a 10-year weapons prohibition and a 20-year SOIRA order.

The applicant brought a motion for a stay of proceedings, arguing that the delay to trial exceeded the 30-month ceiling under s. 11(b) of the Charter.

The central issue was whether the delay clock started when the information was sworn or seven months later when the applicant was arrested.

The court held that the clock begins upon arrest if the accused is unaware of the charges.

After deducting defence-caused delays, the net delay was under 30 months.

The application was dismissed.

The Crown appealed a summary conviction trial judge's decision to exclude a toxicology report due to late disclosure under s. 7 and s. 24(1) of the Charter.

The accused argued the late disclosure prevented him from making an informed decision about applying for the provincial ignition interlock program.

The Superior Court of Justice allowed the appeal, holding that there is no constitutionally protected right to drive or to participate in the discretionary interlock program.

The Charter violation was set aside, and the matter was remitted for trial.