The defendant, Jason Leslie Curnew, brought an application to stay proceedings for sexual assault under s. 11(b) of the Charter, alleging unreasonable delay.
The total delay from charge to anticipated end of trial was 41 months.
The court dismissed the application, finding that after deducting defence-attributable delay, the net delay was 865 days, which is below the 30-month presumptive ceiling established in R. v. Jordan.
The court found that defence counsel had not demonstrated a sustained effort to expedite the proceedings, attributing significant periods of delay to counsel's unavailability and procedural failures.
