B.C. prosecutors are appealing a Vancouver Island sexual assault case dismissed over delays, arguing the trial judge erred in calling the delays unreasonable.
B.C. prosecutors have launched an appeal after a Vancouver Island sexual assault case was thrown out last month due to what the court deemed “unreasonable delays.” The case, originally set in Duncan Provincial Court, involved serious allegations, including sexual assault causing bodily harm and assault.
The accused, whose identity is protected by a publication ban, was arrested in July 2023.
Trial Delays Deemed Unreasonable Under Supreme Court Guidelines
The dismissal was based on the 18-month “presumptive ceiling” for provincial court trials established by the Supreme Court of Canada. Judge Ted Gouge ruled that the prosecution had exceeded this timeframe without attributing the delay to the defence.
Gouge noted that the prosecution’s case should have been brought to trial by late March 2025, and that the Crown failed to justify the lengthy timeline.
Disclosure Dispute at the Heart of the Delay
One of the central issues in the case involved the disclosure of several thousand text messages exchanged between the two complainants after the alleged assault on June 30, 2023. These messages were considered by the defence to be critical to the credibility of the allegations.
Judge Gouge ordered disclosure of the texts in January, but noted in his ruling that the material remained incomplete even into late that month.
Some of the messages reportedly referenced the complainants’ alcohol consumption on the night in question and their memory of the events, along with discussions about possible legal remedies and conversations with police.
Crown Seeks New Trial Amid Legal Pushback
The Crown’s appeal argues that the judge erred in deeming the delay unreasonable and is now seeking a new trial on the same charges.
In a separate legal move, a lawyer for one of the complainants applied to the B.C. Supreme Court to quash the order for full text message disclosure, further complicating the case. That lawyer declined to comment on the ongoing appeal, and no response was received from the second complainant’s legal counsel.
Broader Implications for Justice and Timeliness
The case highlights the ongoing challenge within Canada’s criminal justice system to balance timely trials with comprehensive disclosure—especially in sensitive cases like sexual assault. While the defence argues that the delays and disclosure gaps undermine fairness, the Crown believes justice demands a retrial.
As the appeal proceeds, the case continues to raise critical questions about procedural fairness and victims’ rights in Canada’s court system. Stay tuned to Maple News Wire for updates on this developing legal story.
