Peter Robbins, charged with assault and multiple counts of sexual assault, applied for a stay of proceedings under s. 11(b) of the Canadian Charter of Rights and Freedoms, arguing his right to be tried within a reasonable time was violated.
The total delay from the laying of the information to the anticipated end of the trial was 562 days (18 months and 14 days), exceeding the 18-month presumptive ceiling set by R. v. Jordan.
The court analyzed periods of delay, including defence-caused delays such as counsel's unavailability and rejection of earlier trial dates.
The court found that 57 days of the delay were attributable to the defence.
After deducting this, the net delay was 507 days (16.67 months), which falls slightly below the 18-month presumptive ceiling.
The application for a stay of proceedings was dismissed.