R v. Roy

R v. Roy

The prescriptive 18-month ceiling was breached; the periods after disclosure and prior to election were reasonable preparation time and not defence delay, and the Crown's email delivery problems were neither unforeseen nor unavoidable and could have been mitigated by alternative communication methods, therefore there are no exceptional circumstances to excuse the delay and a stay of proceedings is required to remedy the s.11(b) breach.

Citation
2023 NSPC 23
Parties
Crown: His Majesty the King; Accused: Donald Roy
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 May 2023
Procedural Posture
Criminal (historic Sexual Offences) / Charter S.11(b) Application for Stay of Proceedings (pre Trial)
Outcome
Application granted; stay of proceedings ordered
Legal Topics
Delay, Right to Trial Within Reasonable Time, Stay of Proceedings, Disclosure, Exceptional Circumstances, Jordan Framework
Source Language
English
Criminal Law Constitutional Law Procedural Law Delay Right to Trial Within Reasonable Time Stay of Proceedings Disclosure Exceptional Circumstances +1 more

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Parties

His Majesty the King

Crown

Donald Roy

Accused

Procedural Posture

Criminal (historic Sexual Offences) / Charter S.11(b) Application for Stay of Proceedings (pre Trial)

Legal Issues

  1. 1 Whether the time between disclosure and election constitutes defence delay
  2. 2 Whether Crown email delivery problems amount to exceptional (extraordinary) circumstances under Jordan

Ratio Decidendi

The prescriptive 18-month ceiling was breached; the periods after disclosure and prior to election were reasonable preparation time and not defence delay, and the Crown's email delivery problems were neither unforeseen nor unavoidable and could have been mitigated by alternative communication methods, therefore there are no exceptional circumstances to excuse the delay and a stay of proceedings is required to remedy the s.11(b) breach.

Court Disposition

Application granted; stay of proceedings ordered

Orders

  • Stay of proceedings entered in respect of the charges against Donald Roy