M. Lambert

The accused brought a Section 11(b) Charter application seeking a stay of proceedings for delay in trial.

The charges included sexual assault, sexual interference, and forcible confinement arising from an alleged incident on July 9, 2016.

The court applied the framework established in R. v. Jordan, calculating the net delay and considering whether exceptional circumstances existed.

The court found that while the net delay exceeded the presumptive ceiling of 18 months, a discrete event (court cancellation due to weather in a fly-in community) constituted exceptional circumstances.

After deducting this period, the remaining delay fell below the ceiling.

The court further found that the accused failed to demonstrate that the case took markedly longer than reasonably necessary given local considerations of fly-in court operations.

The application for a stay was dismissed.

A child protection matter involving three children who had spent the majority of their lives in foster care.

The applicant society sought to determine whether the children should be returned to their parents or made Crown wards.

All parties signed minutes of settlement agreeing to return the children to their parents' care with a six-month supervision order.

The court, while expressing reservations about the parents' readiness, approved the settlement based on the paramount purpose of the Child and Family Services Act and the statutory obligation to preserve the cultural identity of Indigenous children.