Law360 Canada ( August 13, 2024, 1:29 PM EDT) -- Appeal by Tran from conviction for sexual assault following a judge-alone trial. Tran’s grounds of appeal all related to the dismissal of his pretrial s. 11(b) Canadian Charter of Rights and Freedoms (Charter) application for a stay of proceedings for unreasonable delay. The trial judge (judge) determined that the total time of 18 months and 19 days from charge to trial did not exceed the 18-month ceiling set out in Jordan case law, after subtracting 41 days for defence delay. Tran argued that the judge erred in calculating the delay from the date the information was sworn rather than the date of arrest, misapprehended and failed to apply the correct legal test in finding the period between Jan. 27 and March 9, 2022, was defence delay, and failed to consider under-the-ceiling delay....