S.A. v. His Majesty the King (41569)

On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings.

Argued Date

2025-05-16

Keywords

Charter of Rights and Freedoms — Right to tried in reasonable time — How should delay caused by judicial vacancy be treated under s. 11(b) of the Charter?

Notes

(Ontario) (Criminal) (By Leave) (Publication ban in case)

Language

Floor Audio

Disclaimers

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