The applicant, charged with sexual assault and sexual exploitation, brought an application under s. 11(b) of the Charter alleging unreasonable delay.
The total delay from the swearing of the information to the anticipated end of the trial was 968 days, exceeding the 30-month presumptive ceiling for Superior Court matters.
The Crown argued that three periods of delay should be attributed to the defence.
The court found only 18 days of defence delay, resulting in a net delay of 950 days (over 31 months).
As the net delay exceeded the ceiling and no exceptional circumstances were raised, the court found a breach of s. 11(b) and stayed the charges.
