BC Judge Determines Child Sex Assault Case Delays Exceeded Trial Time Limits

July 25, 2024 TruthUSA

A judge in British Columbia has ruled that the trial delays for a man accused of sexually assaulting a six-year-old girl exceeded the time limit set by the Supreme Court of Canada. The case was stayed more than two years after charges were laid.

According to Provincial court Judge Mayland McKimm’s decision released in May, the man was accused of sexually assaulting the child at his family home during a “pre-Christmas festive meal” in December 2021.

The ruling states that the child informed her mother of the man’s “inappropriate behavior” the following day. The mother then confronted the man in his home while recording the interaction on her phone, with his wife present. The exchange took place in both Mandarin and Cantonese.

McKimm’s decision reveals that the mother provided the recording and a “purported transcript” to the police. The man, identified only by his initials in the ruling, was charged in May 2022. However, the Crown’s failure to assign a prosecutor to the case resulted in a three-month delay before the trial date was set.

The ruling outlines several other delays in the case, including a Cantonese interpreter’s absence from court, the man’s lawyer falling ill, a witness being diagnosed with cancer, and the failure to request a semi-retired trial judge to preside over the case during “non-sitting months.”

The decision highlights that the delays in the case exceeded the 18-month limit set by the Supreme Court of Canada for timely trials, warning that a court scheduling model unable to handle trials exceeding anticipated durations may lead to cases taking excessively long to conclude.