Can a stay of a motion to dismiss an allegation of sexual assault be stayed?

The granting of a stay on the other hand may have a negative effect on the ongoing criminal justice system in our jurisdiction. It could thwart an accused’s constitutional right to disclosure of all relevant information in order to make full answer and defence. It could delay matters coming to trial affecting the rights of the accused persons to be tried within a reasonable time pursuant to section 11(b) of the Charter. Whether such a delay would infringe or deny any accused person’s Charter rights is impossible for me to determine on the evidence before me. If it turned out that such delays were not justified, the granting of a stay could lead to indictments being quashed or withdrawn. This would not be in the public interest, for the public has an interest in ensuring law breakers are brought to trial, dealt with according to the law, and, at trial, treated fairly and justly; R v. Askov (1990), 1990 CanLII 45 (SCC), 59 CCC (3d) 449 (SCC).