The accused, charged with sexual assault, brought an application for a stay of proceedings under s. 11(b) of the Charter, arguing his right to be tried within a reasonable time was violated.
He contended that following the enactment of Bill C-75, which eliminated preliminary hearings for his charge, the presumptive ceiling for his Superior Court trial should be 18 months rather than 30 months.
The court rejected this argument, holding that the 30-month ceiling applies to all cases in the Superior Court regardless of whether a preliminary hearing is held.
The court also found that the anticipated net delay of 22 months, after deducting Covid-19 related exceptional circumstances, was not markedly longer than reasonably required.
The application for a stay was dismissed.
