Sandra Duffey

The accused was charged with multiple historical offences, including kidnapping, sexual assault with a weapon, and uttering threats, against two sex workers in 1986.

The accused fled to the United States shortly after being charged and was not returned to Canada until 2015.

At trial, the Crown successfully applied to admit similar fact evidence across the counts.

The accused brought an application to stay the proceedings under s. 24(1) of the Charter, arguing his s. 7 rights were breached due to the loss of the original police files and evidence over the 35-year delay.

The court found a s. 7 breach regarding some lost evidence but declined to order a stay, noting the accused's own flight caused the delay.

The court found the complainants' evidence credible and reliable, and convicted the accused on all counts, staying one count of unlawful confinement under the Kienapple principle.

The Crown brought a bail review application to vacate a release order for the accused, who was charged with criminal harassment and uttering threats against a former intimate partner.

The court found a material change in circumstances because the original justice of the peace was provided with an incorrect, less serious criminal record.

Conducting a de novo hearing, the court analyzed the 'substantial likelihood' standard for detention on the secondary ground.

Despite the accused's lengthy criminal record, the court concluded the Crown did not meet its burden and ordered the accused released on strict conditions with a surety.