In a written decision posted online Tuesday, Justice Indra Maharaj of the Calgary Court of Justice ordered a judicial stay of a historical sexual assault charge because of an unreasonable delay in bringing the accused to trial. The six-week delay, caused by a lack of court resources, breached the accused's Charter rights under section 11(b) to be tried within a reasonable time, Maharaj ruled.
Case details and timeline
The accused, a 37-year-old man who will not be named because the charge was stayed before trial, was charged with sexual assault in connection with an incident on Oct. 14, 2013. The charging information was sworn on Nov. 20, 2024. Under the 18-month presumptive ceiling established by the Supreme Court of Canada for trials in provincial court, the deadline for trial was May 21, 2025.
The trial was set for one day on May 19, 2025. However, on that date, the case could not proceed due to a lack of court resources. A new trial date was set for July 2, 2025, which was 43 days beyond the 18-month ceiling.
Judge's findings on delay
Maharaj noted that none of the delay was attributable to the defence. She agreed with defence lawyer Spencer Sikora that the delay caused by a lack of court resources resulted in a breach of his client's right to a timely trial. The Crown and defence were prepared to proceed on May 19, the complainant and two Crown witnesses were present, and a judge was assigned and ready to hear the case. “What was lacking was a staffed courtroom,” Maharaj said.
She found that the inability of the Calgary Court of Justice to hear the case on May 19 did not constitute an exceptional circumstance that would justify exceeding the 18-month ceiling. She noted that the prosecutor could have discussed with colleagues delaying their matters to free up a courtroom for the accused's trial.
Remedy and implications
Maharaj stated, “I am not satisfied that (the 43 days) qualifies as an exceptional circumstance, particularly as of late when the resources in the Alberta Court of Justice are balanced on the blade of a very thin knife, and the party who had the greatest opportunity to mitigate the delay was the Crown.” She granted a judicial stay of proceedings, effectively ending the prosecution.
The case highlights ongoing concerns about court resource shortages in Calgary. In 2024, a merger of two trial courtrooms raised ire from at least one judge who said the province was failing to meet its obligation. A provincial grant aimed to provide alternatives and boost access to justice.
