R. v. Melvin

R. v. Melvin

After categorizing each period of delay and attributing responsibility, the court found counted delay amounted to approximately 7.5 months (well within the 14–18 month guideline), with portions of delay expressly waived by defence; consequently there was no breach of s.11(b) and the stay application was dismissed with the jury trial to proceed as scheduled.

Citation
2015 NSSC 13
Parties
Crown: Her Majesty the Queen; Accused: Corey Patrick Melvin
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 January 2015
Procedural Posture
Criminal (charter S.11(b) Application) / Pre Trial S.11(b) Application Prior to Jury Trial
Outcome
Application for a stay of proceedings dismissed; s.11(b) not breached
Legal Topics
Delay, Section 11(b) Charter, Stay of Proceedings, Waiver, Mistrial, Disclosure, Preliminary Inquiry
Source Language
English
Criminal Law Constitutional Law Delay Section 11(b) Charter Stay of Proceedings Waiver Mistrial Disclosure +1 more

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Parties

Her Majesty the Queen

Crown

Corey Patrick Melvin

Accused

Procedural Posture

Criminal (charter S.11(b) Application) / Pre Trial S.11(b) Application Prior to Jury Trial

Legal Issues

  1. 1 Whether the delay from charge to trial breached s.11(b) of the Charter
  2. 2 How to categorize periods of delay (Crown, defence, inherent/institutional)
  3. 3 Whether defence waived portions of delay

Ratio Decidendi

After categorizing each period of delay and attributing responsibility, the court found counted delay amounted to approximately 7.5 months (well within the 14–18 month guideline), with portions of delay expressly waived by defence; consequently there was no breach of s.11(b) and the stay application was dismissed with the jury trial to proceed as scheduled.

Court Disposition

Application for a stay of proceedings dismissed; s.11(b) not breached

Orders

  • Stay of proceedings dismissed
  • Jury trial scheduled to commence February 2, 2015 and continue through February 23, 2015