Lambert King-Yaat Kwok

The accused brought a section 11(b) Charter application seeking a stay of proceedings based on delay.

The charge involved driving a motor vehicle with excess blood alcohol.

The application was heard following the Supreme Court of Canada's landmark decision in R. v. Jordan, which established presumptive ceilings for trial delay.

The court found that while the net delay of 17 months and 21 days fell below the 18-month ceiling for provincial courts, the delay was unreasonable in the circumstances.

The defence demonstrated meaningful and sustained efforts to expedite the proceedings, the case was straightforward to somewhat more than straightforward, and the Crown failed to take reasonable steps to address delay.

The court granted the stay of proceedings.

The accused was charged with sexual assault contrary to section 271 of the Criminal Code and sexual touching of a person under 16 years contrary to section 151 of the Criminal Code, alleged to have occurred in January 2013.

The trial proceeded over multiple court appearances spanning 17 months.

The accused was found not guilty on both counts.

The court further found that the accused's rights under section 7 of the Canadian Charter of Rights and Freedoms were violated due to abuse of process resulting from the Crown's breach of undertakings given at the judicial pre-trial and the failures of Legal Aid Ontario.

The court also found a violation of section 11(b) Charter rights due to unreasonable delay caused by the actions of the prosecuting Crown and Legal Aid Ontario.