Sask. sexual assault trial stayed after more than 850 days of 'excessive delay'

Court of King's Bench in Regina. (File image)

The sexual assault trial of a Saskatchewan man has been stayed after a judge found the accused’s right to a trial within a reasonable time was violated.

Based on a decision from Justice James Rybchuk dated on April 1, the accused was charged with one count of sexual assault on Oct. 25, 2021.

The case was originally scheduled to go to trial in late June 2023, the judge determining the original time frame accounted for 517 days of delays, with time deducted for delays caused by the defence.

“This is within the normal period of time that it takes for a matter of this nature to reach trial and therefore would not have constituted a violation of [the accused’s] Charter rights had the trial proceeded as scheduled that day,” Rybchuk said.

However, that time frame was compromised when the judge accounted for another 342 days between June 29, 2023, and June 4, 2024, the anticipated end of a rescheduled trial.

In total, the judge determined the case was effectively delayed for 859 days, with time deducted for moves of the defence.

“I have determined that the net delay in this case exceeds the presumptive ceiling of 18 months, the delay is presumptively unreasonable,” Rybchuk said. “The onus is therefore on the Crown to rebut this presumption based on the presence of exceptional circumstances.”

The decision is response to an application made in January, when lawyers representing the accused moved forward on an application for a judicial stay of proceeding.

Rybchuk would rule that the “presumptively unreasonable delay cannot be justified based on exceptional circumstances”, forcing the stay forward.

“Excessive delay caused [the accused’s] future to hang in the balance for more than two years while he attended over twenty court appearances and anxiously awaited trial. Excessive delay caused the complainant to sit on the sidelines awaiting her opportunity to seek vindication for the harm allegedly inflicted upon her while the case languished in court,” Rybchuk said.

"Ultimately, a potentially meritorious sexual assault allegation was discarded.”

Rybchuk also noted the use of “considerable judicial resources” needed to respond to the initial allegation and the “mountain of evidence and materials filed by counsel”.

“The unfortunate reality is that this trial could have proceeded were it not for the delay caused by all the pretrial applications and motions,” Rybchuk said in closing. “As demonstrated in this case, delayed justice is justice denied. And there is nothing just about that.”

The trial was scheduled to occur June 3 and 4.