R. Addelman

The applicant brought an application for a stay of proceedings, arguing his s. 11(b) Charter right to be tried within a reasonable time was infringed.

The total delay was 36 months and eight days.

The court deducted three months and 18 days for defence-caused delay, and three months and four days as a discrete exceptional event due to the COVID-19 pandemic.

The court declined to deduct delay caused by federal agencies vetting disclosure.

The remaining net delay was 29.5 months, which fell below the 30-month presumptive ceiling for superior courts.

The application was dismissed.

The Crown brought a motion under s. 752.1(1) of the Criminal Code for an order remanding the offender for an assessment by a designated expert, Dr. Philip Klassen, for a dangerous offender application.

The offender consented to the assessment but requested that Dr. Paul Fedoroff conduct it instead.

The court held that while the defence may make submissions, the Crown is generally entitled to choose the assessor if the proposed candidate is qualified and available.

The court designated Dr. Klassen, noting concerns that Dr. Fedoroff's previously stated position on treatability could prematurely preclude a dangerous offender designation.