The accused, charged with historical sexual offences against his daughter and granddaughter, brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.
The total delay from the swearing of the information to the end of the trial was 57 months and 10 days.
The court found that the accused engaged in deliberate and calculated tactics to delay the proceedings, including refusing to view disclosure, resisting the appointment of s. 486.3 counsel, and disputing the court's jurisdiction.
After deducting defence delay and exceptional circumstances, the net delay was 25 months, which fell below the 30-month presumptive ceiling.
The application was dismissed.
