R. v. Kuntz-Angel

R. v. Kuntz-Angel

The application for a judicial stay under s.11(b) is dismissed. Applying Jordan the court deducted discrete exceptional-event periods (89 days for the Provincial Court adjournment to direct indictment; 8 days waived adjournment; 33 days for judicial deliberation excluded from Jordan; 98 days from reassignment to declaration of mistrial; and 363 days from mistrial to anticipated end of retrial, total deductions 591 days). Subtracting deductions from total delay of 1309 days yielded a net delay of 718 days (about 24 months), below the 30‑month presumptive ceiling, so no stay was warranted. The court held mistrials may justify deduction of the full retrial period where Crown and system could...

Citation
2020 BCSC 1777
Parties
Crown: Regina; Accused: David Paul Kuntz-Angel
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 November 2020
Procedural Posture
Criminal (sexual and Related Offences) / Section 11(b) Charter Application Following Mistrial; Retrial Scheduled
Outcome
Application for judicial stay under s.11(b) dismissed; proceedings to continue
Legal Topics
Section 11(b) Charter Delay, Jordan Framework, Mistrial Consequences, Stay of Proceedings, Third Party Records (s.278.3), Publication Ban (s.486.4)
Source Language
English
Criminal Law Constitutional Law Procedure Evidence Section 11(b) Charter Delay Jordan Framework Mistrial Consequences Stay of Proceedings +2 more

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Parties

Regina

Crown

David Paul Kuntz-Angel

Accused

Procedural Posture

Criminal (sexual and Related Offences) / Section 11(b) Charter Application Following Mistrial; Retrial Scheduled

Legal Issues

  1. 1 Whether the total delay violated s.11(b) of the Charter under the Jordan framework
  2. 2 Which periods of elapsed time qualify as defence delay, Crown/system delay, or discrete exceptional circumstances
  3. 3 Whether judicial deliberation time is included in the Jordan calculation

Ratio Decidendi

The application for a judicial stay under s.11(b) is dismissed. Applying Jordan the court deducted discrete exceptional-event periods (89 days for the Provincial Court adjournment to direct indictment; 8 days waived adjournment; 33 days for judicial deliberation excluded from Jordan; 98 days from reassignment to declaration of mistrial; and 363 days from mistrial to anticipated end of retrial, total deductions 591 days). Subtracting deductions from total delay of 1309 days yielded a net delay of 718 days (about 24 months), below the 30‑month presumptive ceiling, so no stay was warranted. The court held mistrials may justify deduction of the full retrial period where Crown and system could...

Court Disposition

Application for judicial stay under s.11(b) dismissed; proceedings to continue

Orders

  • Judicial stay under s.11(b) refused
  • Proceedings to continue and retrial to proceed as scheduled