B.C. child sex assault charges stayed after judge finds unreasonable delays

A British Columbia judge says proceedings delays for a man accused of sexually assaulting a six-year-old woman went beyond a “ceiling” group by nan Supreme Court of Canada arsenic he stayed nan lawsuit much than 2 years aft charges were laid.

Provincial tribunal Judge Mayland McKimm says successful a determination released successful May that nan man was accused of sexually assaulting nan kid astatine his family location erstwhile she and her mother attended a “pre-Christmas festive meal” successful December 2021.

The ruling says nan kid told her mother of nan man’s “inappropriate behaviour” nan adjacent day, and nan female confronted him successful his location pinch his woman present, secretly signaling nan relationship connected her telephone successful an speech that occurred “fluently” betwixt Mandarin and Cantonese.

McKimm’s determination says nan mother provided nan signaling and a “purported transcript” to police, and nan man — only identified by his initials successful nan ruling — was charged successful May 2022, but nan Crown’s “failure” to delegate a charismatic to nan lawsuit led to a three-month hold earlier nan man’s proceedings could beryllium set.

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The ruling outlines a number of different delays that plagued nan case, including a Cantonese interpreter’s nonaccomplishment to show up to court, nan man’s lawyer falling ill, a witnesser being diagnosed pinch cancer, and a nonaccomplishment to inquire nan semi-retired proceedings judge to perceive nan lawsuit during “non-sitting months.”

The ruling says nan delays successful nan lawsuit went beyond nan 18-month limit group by nan Supreme Court of Canada for timely trials, informing that a “court scheduling model” that can’t grip tests that return “longer than anticipated … will sadly lead to cases specified arsenic these simply taking excessively agelong to complete.”