R v Starratt

R v Starratt

When an accused re-elects to be tried in provincial court prior to any preliminary inquiry, the Jordan presumptive ceiling for provincial trials (18 months) applies; after deducting defence-attributable delay the net delay here exceeded 18 months, the Crown failed to prove exceptional circumstances sufficient to rebut the presumption of unreasonableness, and a stay of proceedings is warranted.

Citation
2025 NSPC 31
Parties
Crown/prosecution: His Majesty the King; Accused/defendant: Corey Ryan Starratt
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 October 2025
Procedural Posture
Criminal Sexual Assault / Charter S.11(b) Application (pre Trial); Stay of Proceedings Sought
Outcome
Stay of proceedings entered
Legal Topics
Section 11(b) Charter Reasonable Time, Jordan Framework (presumptive Ceilings), Stay of Proceedings (charter S.24(1)), Disclosure Obligations
Source Language
English
Criminal Law Constitutional Law Procedural Law Section 11(b) Charter Reasonable Time Jordan Framework (presumptive Ceilings) Stay of Proceedings (charter S.24(1)) Disclosure Obligations

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 19 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

His Majesty the King

Crown/prosecution

Corey Ryan Starratt

Accused/defendant

Procedural Posture

Criminal Sexual Assault / Charter S.11(b) Application (pre Trial); Stay of Proceedings Sought

Legal Issues

  1. 1 Which Jordan presumptive ceiling applies when an accused re-elects from superior to provincial court before a preliminary inquiry?
  2. 2 Has the presumptive ceiling been exceeded after subtracting defence-attributable delay?
  3. 3 If exceeded, can the Crown rebut the presumption by establishing exceptional circumstances?

Ratio Decidendi

When an accused re-elects to be tried in provincial court prior to any preliminary inquiry, the Jordan presumptive ceiling for provincial trials (18 months) applies; after deducting defence-attributable delay the net delay here exceeded 18 months, the Crown failed to prove exceptional circumstances sufficient to rebut the presumption of unreasonableness, and a stay of proceedings is warranted.

Court Disposition

Stay of proceedings entered

Orders

  • Stay of proceedings entered in respect of Information #858388 (single-count information)
  • Restriction on publication identifying the complainant pursuant to Criminal Code s.486.4