aggravated assault – unreasonable delay and disclosure issues – Crown seeks adjournment after start of trial because complainant in no condition to testify – trial adjourned – shortly before trial continuation date, Crown provides additional disclosure in the form of a statement from the complainant to the police – defence granted adjournment – trial then adjourned further due to trial judge being on medical leave – trial judge eventually grants defence application for stay of proceedings due to unreasonable delay.
 
 On December 9, 2011 the Accused made an application to the court contending that the sequence of events in this matter from the date of charge, September 1, 2009, to the date of the next continuation of the trial of this matter (January 3, 2012), has resulted in a violation of the Accused’s rights to be tried within a reasonable time, as guaranteed by s. 11(b) of the Canadian Charter of Rights and Freedoms (the “Charter”).  In addition, that the Accused’s right to make full answer and defence, as guaranteed by s. 7 of the Charter has been infringed.  The Accused submits that the appropriate remedy would be a judicial stay pursuant to s. 24(1) of the Charter.  The court entered into a Voir Dire to consider that application.