The accused brought an application for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of his right to be tried within a reasonable time under s. 11(b).
The accused faced three counts of sexual assault.
The total delay exceeded the 30-month presumptive ceiling.
The Crown argued that the delay was justified by exceptional circumstances, specifically the COVID-19 pandemic and unanticipated issues during the preliminary inquiry.
The court found that the Crown failed to establish that the pandemic or the preliminary inquiry issues caused the delay, attributing much of the delay to Crown inaction.
The application was granted and the charges were stayed.
