R. v. Reddick

R. v. Reddick

Crown failed to provide an adequate explanation for not obtaining a s.527 transport order after the accused’s federal sentence despite the well known two‑week transport notice requirement; Sheriff Services’ inability to comply was not a satisfactory excuse for the Crown’s failure; proceeding without the accused would be an abuse of process and a s.7 Charter violation; consequently a judicial stay under s.24 is warranted.

Citation
2010 NSPC 56
Parties
Informant: Her Majesty the Queen; Accused: Joseph Nolan Reddick
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 September 2010
Procedural Posture
Criminal Summary Process / Adjournment Application; Trial Scheduled; Decision on Stay of Proceedings
Outcome
Judicial stays of proceedings entered for all informations pursuant to s.7 and s.24 of the Charter
Legal Topics
Adjournment, Prisoner Transport Orders (s.527), Abuse of Process, Stay of Proceedings, Charter S.7 Due Process, Charter S.24 Remedy
Source Language
English
Criminal Law Constitutional Law Procedural Law Adjournment Prisoner Transport Orders (s.527) Abuse of Process Stay of Proceedings Charter S.7 Due Process +1 more

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Parties

Her Majesty the Queen

Informant

Joseph Nolan Reddick

Accused

Procedural Posture

Criminal Summary Process / Adjournment Application; Trial Scheduled; Decision on Stay of Proceedings

Legal Issues

  1. 1 Whether the Crown’s late application for a s.527 transport order justified an adjournment
  2. 2 Whether the Crown’s failure to procure the accused’s attendance violated s.7 of the Charter
  3. 3 Whether proceeding in absence would amount to abuse of process

Ratio Decidendi

Crown failed to provide an adequate explanation for not obtaining a s.527 transport order after the accused’s federal sentence despite the well known two‑week transport notice requirement; Sheriff Services’ inability to comply was not a satisfactory excuse for the Crown’s failure; proceeding without the accused would be an abuse of process and a s.7 Charter violation; consequently a judicial stay under s.24 is warranted.

Court Disposition

Judicial stays of proceedings entered for all informations pursuant to s.7 and s.24 of the Charter

Orders

  • Judicial stay of proceedings entered on informations #2175911, #2175910 and #2175912
  • Any process to which Mr. Reddick was subject, including the form 11.1 undertaking, is terminated