Rory Gerard Currie

The accused, Cody Lenard, brought an application for a stay of proceedings under ss. 11(b) and 24(2) of the Canadian Charter of Rights and Freedoms, alleging unreasonable delay in bringing his aggravated assault charge to trial.

The total delay was 38.5 months, exceeding the 30-month presumptive ceiling established in R. v. Jordan.

The court attributed 5.5 months of delay to the defence's unnecessary adjournments.

However, the court rejected the Crown's argument that a 6.7-month period, during which the accused was out of province, constituted defence delay or an exceptional circumstance, finding the Crown failed to prove the accused's knowledge of the charge or police diligence in obtaining a Canada-wide warrant.

With only the 5.5 months of defence delay deducted, the net delay remained 33 months, still exceeding the presumptive ceiling.

The application for a stay was granted.

The accused, charged with sexual assault, sought a ruling on whether various records in their possession met the definition of "record" under s. 278.1 of the Criminal Code, thereby subjecting them to the record screening regime.

The court analyzed different categories of records, including family photos, video footage, emails, social media messages, and family law documents.

The court found that most records did not meet the definition, as they lacked intimate personal information or a reasonable expectation of privacy.

However, two family law documents (Form 13 Financial Statement and Form 17C Settlement Conference Brief) were deemed subject to the regime due to their confidential nature and protected status under the Family Law Rules.