R. v. Kalinowski
A 12 month and 19 day delay for a simple speeding charge, without waiver and without adequate justification other than systemic court scheduling, infringed the accused's s.11(b) right; the appropriate remedy under s.24(2) was to stay the charge.
- Citation
- 2013 NSPC 54
- Parties
- Crown: Her Majesty the Queen; Accused: George Edward Kalinowski
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 9 May 2013
- Procedural Posture
- Provincial Criminal Motor Vehicle Act Speeding Offence / Pre Trial Application Under S.11(b) Charter for Remedy Under S.24(2)
- Outcome
- Stay of proceedings entered; charge stayed for s.11(b) Charter infringement
- Legal Topics
- Right to Be Tried Within a Reasonable Time, Section 11(b) Charter, Stay of Proceedings, Systemic/institutional Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
George Edward Kalinowski
Accused
Procedural Posture
Provincial Criminal Motor Vehicle Act Speeding Offence / Pre Trial Application Under S.11(b) Charter for Remedy Under S.24(2)
Legal Issues
- 1 Whether a delay of 12 months and 19 days for a simple speeding trial constitutes an unreasonable delay under s.11(b) of the Charter
- 2 Whether the delay was attributable to the Crown or to systemic court scheduling and whether any waiver occurred
- 3 Whether the accused suffered prejudice warranting a stay under s.24(2)
Ratio Decidendi
A 12 month and 19 day delay for a simple speeding charge, without waiver and without adequate justification other than systemic court scheduling, infringed the accused's s.11(b) right; the appropriate remedy under s.24(2) was to stay the charge.
Court Disposition
Stay of proceedings entered; charge stayed for s.11(b) Charter infringement
Orders
- Stay of proceedings under s.24(2) of the Charter
- Charge stayed
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