B.C. Supreme Court Tosses Sex Assault Case Over Trial Delay

UPDATE: A B.C. Supreme Court judge has just dismissed a sex assault case against a man due to an unconstitutional delay, marking a significant turn in legal proceedings. In a ruling delivered on October 3, 2025, Justice David Crerar stated that the time from the initial charge to the anticipated trial end exceeded 39.6 months, far surpassing the 30-month limit established by the Supreme Court of Canada.

The man, whose identity remains protected by a publication ban, faced allegations of sexually assaulting his ex-wife during a tumultuous period from December 2019 to February 2022. Originally charged in August 2022, the case underwent multiple delays, with a trial initially set for January 2024 but later moved to October 27, 2025. Justice Crerar’s decision highlights the critical impact of delay on the accused’s right to a timely trial.

Justice Crerar emphasized that the prosecution’s inability to clarify allegations led to significant delays. He stated, “This relatively simple case could and should have been completed within 18 months,” had the Crown provided clear allegations from the outset instead of introducing new charges 22 months into the process.

The man has consistently denied the accusations, which include eight types of non-consensual sexual acts. His lawyer argued that the allegations were fabricated by his ex-wife as a retaliatory measure following a workplace affair and to gain leverage in divorce proceedings. The Crown’s strategy shifted dramatically in June 2024, when it introduced a new three-count information that included allegations of choking and sexual assault causing bodily harm.

The case has drawn attention for its complexity, described by the defense as a “classic he said-she said sexual assault case” with only two main witnesses and a minor witness, the complainant’s doctor. Despite the Crown’s claims that the accused was responsible for a net delay of 19.5 months, Crerar noted that the defense took “meaningful steps” to expedite the proceedings.

As the legal landscape shifts, the implications of this ruling resonate deeply, highlighting the challenges faced by both alleged victims and the accused in navigating the justice system. The case’s dismissal raises urgent questions about the balance of rights within the legal framework, and how delays can significantly alter the course of justice.

WHAT’S NEXT: Observers will be closely watching for reactions from both the Crown and the defense following this ruling. The case’s dismissal may prompt discussions around legal reforms to prevent similar delays in future proceedings.

Stay tuned for more urgent updates as this story develops.