Indecent act trial. Application for a stay based on delay. Accused convicted following first trial (11 months from charge to first trial). 8 month further delay during successful summary conviction appeal. Approximate further period of 8 month delay until second trial date.
Held: Application dismissed.
None of the individual periods of delay fell outside of the acceptable range. The period of delay during the appeal must be deducted from the overall calculation: Barros, 2014 ABCA 367. Regarding an approximate 2 month period of delay prior to the scheduling of the second trial date where the accused’s matter did not appear on the court docket due to an error, “action or non-action by the accused which is inconsistent with a desire for a timely trial is something that the court must consider”: Morin  1 SCR 771.
S. Smith, Defence Counsel