The applicant, Robert Gordon, sought a stay of proceedings for sexual assault under s. 11(b) of the Charter due to a 25-month and 1-day delay.
The Crown requested summary dismissal due to the applicant's late service of application materials.
The court dismissed the application, finding no reasonable explanation for the late filing, prejudice to the Crown, inconsistency with the Rules' objectives, and a promotion of complacency contrary to the principles of R. v. Jordan.
The court also noted that the trial could have been conducted within Jordan guidelines had both parties maintained their initial positions regarding pre-trial motions.
