Marlin c. R.

canada, canadian, case law, court opinion, canlii, qcca, 2026qcca1194, 2026 qcca 1194 (canlii), 2026, qcca, 1194, (canlii), 500-10-007960-238, 2026, criminal and statutory offences, appeals, conviction appeal, sexual offences, appeal allowed in part and other grounds dismissed, proceedings stayed in one file for unreasonable delay and for loss of evidence regarding two complainants, conviction in the other file stands, appeal allowed in part, procedure, trial within a reasonable time, jordan application, delay calculation and attribution, whether net delay exceeded the 18, month ceiling, disputed postponements and defence delay allocation, case not complex and ceiling exceeded, stay must follow, stay of proceedings ordered, evidence, lost or destroyed evidence, prior statements, missing videotaped interviews and partial written statement, whether evidence was lost due to unacceptable negligence, loss compromised trial fairness in a credibility and reliability case, no alternative remedy short of a stay, stay of proceedings ordered, rights and freedoms, charter, s. 7, full answer and defence, trial fairness, whether loss of relevant evidence breached the right to a fair trial, destroyed or missing elements as premium tools to attack credibility, only adequate remedy short of a stay, stay of proceedings ordered, criminal and statutory offences, trial, burden of proof, credibility assessment, whether trial judge reversed the burden of proof on an incident within counts, error found but held to have no bearing on conviction appeal on those counts, other merits grounds dismissed, convictions upheld (subject to stays ordered on other grounds)