Robert Frederick Miller

The accused applied for a stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, arguing unreasonable delay.

The total delay was 39.75 months, exceeding the 30-month presumptive ceiling for Superior Court cases established in R. v. Jordan.

The court found that the majority of the delay was institutional, totaling 25 months, which was well beyond the acceptable guidelines under the previous Morin framework.

Despite the Crown's arguments regarding complexity and mitigation efforts, and the seriousness of the human smuggling charges, the court concluded that the transitional considerations could not justify the systemic delay.

The accused's constitutional right to a trial within a reasonable time was denied.

The accused, Sawatis Thurston, was charged with sexual assault and unlawful confinement.

The complainant, S.D., alleged that Thurston lured her to his apartment under the pretense of giving her headphones and then sexually assaulted her.

Thurston presented an alibi defense, claiming he was in Quebec at his mother's residence at the time of the alleged incident, and denied the allegations.

The court, applying the R. v. W.D. framework, found Thurston's alibi and explanations for his inconsistent police statement to be incredible and unreliable.

The complainant's testimony was found credible and reliable, supported by extrinsic evidence and similar fact evidence from a prior sexual assault conviction involving a similar modus operandi.

The court rejected the defenses of consent and honest belief in consent, finding no air of reality to them.

Thurston was found guilty on both counts.