There is a S. 486.4 publication ban involving this matter.

In August 2013, Mr. Alan Teck Meng Lai was charged with various sexual offences. In November 2017, Mr. Lai sought to stay his charges after alleging a breach of his s. 11 (b) Charter rights to be tried within a reasonable time.

At trial the judge found that there was a delay in the proceeding which totaled 57 months. The judge subtracted 25 months from this total. These months were considered exceptional events because Mr. Lai re-elected. The trial judge applied the transitional exception and dismissed the s. 11(b) application. Mr. Lai was found guilty.

Mr. Lai appealed the s. 11(b) ruling to the Court of Appeal for British Columbia. The majority of the Court of Appeal dismissed the appeal. The majority of the Court of Appeal found that the trial judge had erred by excluding delay caused by re-election. But the Court applied the transitional case exception

In the dissent, Butler J.A. found that the transitional case exception did not apply and would have allowed the appeal. Mr. Lai appealed to the Supreme Court as of right.