R. v. Annis

R. v. Annis

Total delay from information (Sept 13, 2021) to agreed last day for trial (May 18, 2022) was 612 days (20 months + 2 days); the court apportioned 42 days (Feb 23–Apr 20, 2022) and 34 days (Apr 20–May 24, 2022) as defence‑attributable delay (76 days total), which when deducted brought the timeline below the 18‑month Jordan ceiling; therefore the s. 11(b) application for a stay was denied and no stay ordered.

Citation
2023 NSPC 46
Parties
Crown/prosecution: His Majesty the King; Accused: Jacob Annis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
3 October 2023
Procedural Posture
Criminal / S. 11(b) Charter Application (pre Trial)
Outcome
s.11(b) Charter application denied; no stay ordered
Legal Topics
Section 11(b) Charter Right to Be Tried Within a Reasonable Time, Delay Allocation Under R. V. Jordan, Disclosure Obligations, Adjournments and Elective Mode of Trial, Summary Dismissal Standards (haevischer)
Source Language
English
Criminal Law Constitutional Law Section 11(b) Charter Right to Be Tried Within a Reasonable Time Delay Allocation Under R. V. Jordan Disclosure Obligations Adjournments and Elective Mode of Trial Summary Dismissal Standards (haevischer)

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Parties

His Majesty the King

Crown/prosecution

Jacob Annis

Accused

Procedural Posture

Criminal / S. 11(b) Charter Application (pre Trial)

Legal Issues

  1. 1 Whether the total delay breached s. 11(b) Charter 18‑month ceiling
  2. 2 Whether specific adjournments should be attributed to the defence as defence delay
  3. 3 Whether a stay of proceedings is the appropriate remedy

Ratio Decidendi

Total delay from information (Sept 13, 2021) to agreed last day for trial (May 18, 2022) was 612 days (20 months + 2 days); the court apportioned 42 days (Feb 23–Apr 20, 2022) and 34 days (Apr 20–May 24, 2022) as defence‑attributable delay (76 days total), which when deducted brought the timeline below the 18‑month Jordan ceiling; therefore the s. 11(b) application for a stay was denied and no stay ordered.

Court Disposition

s.11(b) Charter application denied; no stay ordered

Orders

  • Charter s.11(b) application dismissed
  • No stay of proceedings ordered