The accused, a member of the Canadian Armed Forces, was charged with sexual assault in the military justice system.
After nine months, the military charges were withdrawn and new charges were laid in the civilian court (Ontario Court of Justice), purportedly in response to the Arbour Report's interim recommendation.
The accused brought an application under s. 11(b) of the Charter, arguing that his right to be tried within a reasonable time was violated.
The court found that the total net delay was approximately 22 months, exceeding the 18-month Jordan ceiling.
The court rejected the Crown's argument that the transfer from the military system and the COVID-19 backlog constituted exceptional circumstances, noting a lack of evidence and a failure by the Crown to take reasonable steps to mitigate the delay.
The application was granted, and the proceedings were stayed.
