R. v. Digout

After deducting defence-attributable delay and accounting for the mistrial as an exceptional circumstance, the net delay did not exceed the Jordan presumptive ceiling; the Crown proved it took reasonable steps to mitigate delay following the mistrial; accordingly the s.11(b) stay application was dismissed.

Citation: 2025 NSPC 32
Parties: Crown: His Majesty the King; Accused: Shelly Digout; Accused: Darryl Digout
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 29 September 2025
Procedural Posture: Criminal (sexual Offences) / Trial; S.11(b) Charter Application (stay)
Outcome: Application for stay of proceedings under s.11(b) dismissed
Legal Topics: Section 11(b) Delay, Jordan Framework, Mistrial, Stay of Proceedings, Sexual Assault Charges, Identification Orders
Source Language: English

Criminal Law Constitutional Law Section 11(b) Delay Jordan Framework Mistrial Stay of Proceedings Sexual Assault Charges Identification Orders

Case Brief

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Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 3

Parties

His Majesty the King

Crown

Shelly Digout

Accused

Darryl Digout

Accused

Procedural Posture

Criminal (sexual Offences) / Trial; S.11(b) Charter Application (stay)

Legal Issues

1 Whether pre-trial and trial delay violated s.11(b) of the Charter
2 How the Jordan framework applies to delay caused by a mistrial
3 Whether the mistrial constituted an exceptional circumstance excusing delay

Ratio Decidendi

Court Disposition

Application for stay of proceedings under s.11(b) dismissed

Orders

Application for stay under s.11(b) dismissed