R. v. Siefert

R. v. Siefert

A majority of the delays were expressly or implicitly waived by defence counsel or were discrete events; the applicant failed to prove on a balance of probabilities that his s.11(b) rights were infringed, therefore the stay was dismissed.

Citation
2017 NSPC 58
Parties
Respondent (crown): Her Majesty the Queen; Applicant (accused): Christopher Jerome Siefert
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 November 2017
Procedural Posture
Criminal Charter S.11(b) Delay Application / Pre Trial Application for Stay of Proceedings at Trial Scheduling Stage
Outcome
Application for stay of proceedings dismissed
Legal Topics
Delay/right to Be Tried Within a Reasonable Time, Section 11(b) Charter, Stay of Proceedings, Jordan Framework, Adjournments/waiver
Source Language
English
Criminal Law Constitutional Law Administrative/procedural Law Delay/right to Be Tried Within a Reasonable Time Section 11(b) Charter Stay of Proceedings Jordan Framework Adjournments/waiver

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Her Majesty the Queen

Respondent (crown)

Christopher Jerome Siefert

Applicant (accused)

Procedural Posture

Criminal Charter S.11(b) Delay Application / Pre Trial Application for Stay of Proceedings at Trial Scheduling Stage

Legal Issues

  1. 1 Whether the 28.5 month delay violated s.11(b) of the Charter
  2. 2 Whether the delays were attributable to the defence or the Crown
  3. 3 Whether adjournments and counsel conduct amounted to waiver of delay

Ratio Decidendi

A majority of the delays were expressly or implicitly waived by defence counsel or were discrete events; the applicant failed to prove on a balance of probabilities that his s.11(b) rights were infringed, therefore the stay was dismissed.

Court Disposition

Application for stay of proceedings dismissed

Orders

  • Stay of proceedings denied; proceedings to continue