R. v. Glace Bay Fisheries

R. v. Glace Bay Fisheries

After excluding appeal time (15 months) and actual trial time (2 months), the remaining 21 months of delay was attributable to the defendants' waiver (to avoid fishing seasons) and to the inherent complexity and volume of the case; the accused did not establish sufficient prejudice and s.11(b) was not breached.

Citation
2001 NSPC 23
Parties
Prosecution: Her Majesty the Queen; Defendant(s): Glace Bay Fisheries et al
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 September 2001
Procedural Posture
Criminal (fisheries Act) / Charter Application Re Delay Under S.11(b) Following Trial and Crown Appeal
Outcome
Application dismissed; no breach of s.11(b) found
Legal Topics
Delay, Section 11(b) Charter, Prejudice, Waiver, Complexity, Joinder
Source Language
English
Criminal Law Constitutional Law Fisheries Law Delay Section 11(b) Charter Prejudice Waiver Complexity +1 more

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Parties

Her Majesty the Queen

Prosecution

Glace Bay Fisheries et al

Defendant(s)

Procedural Posture

Criminal (fisheries Act) / Charter Application Re Delay Under S.11(b) Following Trial and Crown Appeal

Legal Issues

  1. 1 Whether the delay represents real prejudice to the accused
  2. 2 Whether the length of time to complete trial can be attributed to the defendants or the Crown

Ratio Decidendi

After excluding appeal time (15 months) and actual trial time (2 months), the remaining 21 months of delay was attributable to the defendants' waiver (to avoid fishing seasons) and to the inherent complexity and volume of the case; the accused did not establish sufficient prejudice and s.11(b) was not breached.

Court Disposition

Application dismissed; no breach of s.11(b) found

Orders

  • Application dismissed