R. v. Taylor

R. v. Taylor

After calculating total delay (796 days), deducting 220 days attributable to Defence (explicit and implied waiver and unavailability) yielding a net delay of 576 days (18 months and 3 weeks), and then deducting five months for discrete exceptional Crown events (counsel conflict delay and judicial appointment/unavailability), the remaining delay was 13 months and 3 weeks, below the 18 month provincial Jordan ceiling; accordingly there was no s.11(b) violation and the stay was denied.

Citation
2018 NSPC 40
Parties
Respondent (crown): Her Majesty the Queen; Applicant (accused): Walter Francis Taylor
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 March 2018
Procedural Posture
Criminal Section 11(b) Charter Application (stay) / Mid Trial S.11(b) Application (jordan Delay Hearing)
Outcome
Application for stay of proceedings under section 11(b) dismissed; no Charter violation found
Legal Topics
Right to Be Tried Within a Reasonable Time, Section 11(b) Charter, Jordan Delay Framework, Waiver and Implied Waiver, Exceptional Circumstances, Judicial Delay
Source Language
English
Criminal Law Constitutional Law Procedure Right to Be Tried Within a Reasonable Time Section 11(b) Charter Jordan Delay Framework Waiver and Implied Waiver Exceptional Circumstances +1 more

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Parties

Her Majesty the Queen

Respondent (crown)

Walter Francis Taylor

Applicant (accused)

Procedural Posture

Criminal Section 11(b) Charter Application (stay) / Mid Trial S.11(b) Application (jordan Delay Hearing)

Legal Issues

  1. 1 Whether the delay violated section 11(b) Charter right to timely trial
  2. 2 Allocation of delay between Crown and Defence (explicit and implied waiver)
  3. 3 Whether Crown proved exceptional circumstances that justify remaining delay

Ratio Decidendi

After calculating total delay (796 days), deducting 220 days attributable to Defence (explicit and implied waiver and unavailability) yielding a net delay of 576 days (18 months and 3 weeks), and then deducting five months for discrete exceptional Crown events (counsel conflict delay and judicial appointment/unavailability), the remaining delay was 13 months and 3 weeks, below the 18 month provincial Jordan ceiling; accordingly there was no s.11(b) violation and the stay was denied.

Court Disposition

Application for stay of proceedings under section 11(b) dismissed; no Charter violation found

Orders

  • Application for a stay of proceedings under s.11(b) dismissed; trial to continue