Case information

Charter of Rights — Right to be tried with a reasonable time — Whether Court of Appeal erred in holding that courts determining what constitutes defence-only delay are to apply a modern contextual approach — Whether complexity of case justified delay over applicable presumptive ceiling where Crown did not demonstrate a plan to mitigate delay — Whether discrete event of COVID 19 justified delay over presumptive ceiling in this case — Canadian Charter of Rights and Freedoms, s. 11(b).

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Mr. Andersen was tried on multiple counts involving 10 complainants and convicted for sexually assaulting two complainants, criminally harassing three complainants, and failing to comply with a recognizance. Mr. Andersen brought an application for a stay of proceedings for breach of his right to be tried within a reasonable time guaranteed under s. 11(b) of the Canadian Charter of Rights and Freedoms. The motions judge held net delay exceeded the applicable 18-month presumptive ceiling for trial within a reasonable time but the trial nevertheless was completed within a reasonable time. The motions judge dismissed the s. 11(b) application. The Court of Appeal dismissed an appeal.