Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law - Sexual assault - Stay of proceedings - Elapsed time from arrest to scheduled trial date 30 months - Whether the delay of just under one year between the original trial date and the eventual committal date, which delay was the result of two developments for which the Crown is responsible, and which delay was likely to have impacted negatively on the Appellant’s ability to make full answer and defence in a fair trial, could and should lead to a conclusion that the Appellant’s s. 11(b) right was infringed or denied.

The Appellant was charged with sexual assault, uttering a death threat, and unlawful confinement. The offences were alleged to have occurred in Sudbury on May 8, 2005. The Appellant was arrested on May 10, 2005. After several matters, including bail, disclosure, and a judicial pre-trial were dealt with, a trial in the Ontario Court of Justice was scheduled for February 20, 2006. On February 20, 2006, the Crown re-elected to proceed by indictment and a preliminary inquiry was scheduled for September 15, 2006. On September 15, 2006, the Crown chose to proceed with other cases. These matters concluded at 3:16 p.m. Crown counsel indicated that it was not realistic to start the preliminary inquiry. The matter was adjourned for a week until September 22, 2006. The accused was represented by an agent, Ms. Baker. The preliminary inquiry had been pre-set by counsel and the trial coordinator for February 5, 2007, and this was confirmed in a pro forma exchange involving Crown counsel, an agent for the defence, and the presiding judge. The preliminary inquiry proceeded on February 5, 2007. The trial was set in the Superior Court of Justice for November 14, 2007.

Defence counsel brought a Charter s. 11(b) application which was heard by the trial judge on June 20, 2007. The total elapsed time from the date of arrest to the November 14, 2007 scheduled trial date was approximately 30 months. The trial judge held that the length of delay was such that an inquiry into its reasonableness is justified. On June 28, 2007, the trial judge ordered a stay of proceedings. On appeal, the Court of Appeal allowed the appeal. Glithero R.S.J. (ad hoc) dissenting would have dismissed the appeal on the basis that the delay of just under one year between the original trial date and the eventual committal date, which delay was the result of two developments for which the Crown is responsible, and which delay was likely to have impacted negatively on the Appellant’s ability to make full answer and defence in a fair trial, could and should lead to a conclusion that the Appellant’s s. 11(b) right was infringed or denied.