Sexual assault charge tossed over six-week court delay
Calgary judge rules lack of courtroom resources violated accused's Charter rights, forcing judicial stay.
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A Calgary judge has thrown out a historical sexual assault charge because court delays breached the accused's right to a timely trial.
Justice Indra Maharaj ordered a judicial stay of proceedings on Tuesday, finding that a six-week delay caused by insufficient court resources exceeded the 18-month legal limit set by the Supreme Court for provincial court trials.
The trial was scheduled for May 19 but couldn't proceed that day because no staffed courtroom was available, even though the judge, Crown prosecutor, defence lawyer, the complainant, and two Crown witnesses were all present and ready. The new trial date of July 2 exceeded the deadline by 43 days.
Maharaj found the delay fell squarely on the Crown's shoulders. "What was lacking was a staffed courtroom," she said, adding that the prosecutor could have discussed rescheduling other matters to proceed on May 19. She rejected the idea that this constituted an exceptional circumstance, particularly given that "the resources in the Alberta Court of Justice are balanced on the blade of a very thin knife."
Because the accused will not stand trial, he cannot be named publicly.
