Manitoba judge tosses sexual assault case after Crown 'dragged its feet' getting court dates

A trial against a Manitoba man accused of sexual assault charge won't go ahead, after a Manitoba judge found the Crown "dragged its feet" in bringing the case to trial. 

Charges have been stayed against the now 21-year-old man, who was charged in March 2022 with one count of sexual assault and one count of forcible confinement after an RCMP investigation that began in November 2020.

The alleged victim was under 18, according to court documents. 

Following repeated requests from his defence attorney, the man's trial was set for Feb. 22 and 23, 2024 — more than 19 months after his first court appearance on July 22, 2022, which provincial court Judge Julie Frederickson found last month was an unreasonable delay.

In 2016, the Supreme Court ruled that cases for lesser charges must be heard within 18 months, or 30 months for more serious charges.

In the case against the 21-year-old, the Crown argued that the defence was in part responsible for the delay, saying prosecutors were available to proceed to trial on Jan. 10 and 11, but the man's defence lawyer, Carley Mahoney, was not, Frederickson wrote in her July 27 decision. 

Crown attorneys also argued that the delay was justified and reasonable because the case was complex, Frederickson's decision says. 

However, her decision notes it took almost four weeks and three emails from Mahoney, between Jan. 20 and Feb. 16 of this year, before the Crown contacted the trial co-ordinator's office to request court dates. 

The decision also says that the trial co-ordinator's office offered a variety of possible trial dates between June 2023 and March 2024. 

The defence filed for a stay of proceedings in the case, arguing that the 21-year-old man's right to a speedy trial had been breached. 

No sense of urgency: judge

After hearing arguments on the delay motion in court in July, Frederickson found the Crown failed to take steps to set the matter for trial "despite knowing that delay was an issue."

Mahoney had raised that issue early on in the process and indicated that she planned to file a delay motion, but "there is no evidence of a sense of urgency on behalf of the Crown's office," Frederickson wrote in her decision. 

"The Crown dragged its feet in contacting [the trial co-ordinator's office] to set this matter down for trial, only doing so after several prompts from Ms. Mahoney," the decision said.

The judge also said she did not agree with the Crown's argument that the delay was justified due to the complexity of the case, writing that it was "by all accounts, a relatively straightforward sexual assault case."

As a result, Frederickson agreed the man's Charter right to to be tried within a reasonable time had been breached and entered a judicial stay of proceedings on both charges, meaning while the charges are not formally withdrawn, they are not proceeding through court at this time.

A spokesperson for Manitoba Justice said the Crown is reviewing the decision and will determine whether or not there are grounds to appeal.

This is the latest Manitoba criminal case that's been dropped due to court delays. 

Data obtained by CBC News in March 2023 showed delay motions were filed for 53 cases in the province over the past two years, resulting in 18 criminal cases being tossed. 

Among those 18 cases were child pornography charges against a former Red River College instructor, which were stayed in May 2022 after his trial was scheduled more than two years after his arrest.