Alison J. Wheeler

The appellant appealed a sexual assault conviction arising from a motel room encounter where the central issue was consent and credibility.

The court held that the trial judge erred by instructing the jury that a deliberately false explanation could be used as circumstantial evidence of guilt without first requiring extrinsic or independent evidence that the explanation was concocted.

Given the nature of the case, the jury's difficulties, and the risk that the burden of proof was distorted, the curative proviso could not be applied.

The conviction was set aside and a new trial ordered.

The appellants were held in custody for 22 months pending their first trial on a charge of second degree murder.

The trial judge granted a stay of proceedings under s. 11(b) of the Charter, finding that a 4.5-month delay caused by the Crown's unjustified request for an adjournment, combined with late disclosure, rendered the total delay unreasonable.

The Court of Appeal set aside the stay.

The Supreme Court of Canada allowed the appeal and restored the stay of proceedings, holding that the Crown's failure to adequately investigate the grounds for the adjournment and respond to defence counsel's inquiries justified the trial judge's conclusion that the delay was unreasonable.