R. v. J.H.T.

R. v. J.H.T.

Total post-charge delay of approximately 73.5 months exceeded the 30‑month presumptive ceiling; after attributing 23 months to defence delay and deducting for one Crown‑controlled change of venue, 48 months remained attributable to the Crown; the Crown failed to establish exceptional circumstances (mistrial was reasonably foreseeable and attributable to Crown conduct), therefore s.11(b) was breached and a judicial stay of proceedings was required; pre‑charge misconduct and ss.7/12 claims were dismissed.

Citation
2016 BCSC 2382
Parties
Crown: Regina; Accused: J.H.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 December 2016
Procedural Posture
Criminal Historic Sexual Offences / Application for Judicial Stay on S.11(b) Delay; Stay Granted
Outcome
Judicial stay of proceedings granted; charges stayed.
Legal Topics
Section 11(b) Delay, Section 7, 11(d), 12 Charter Rights, Stay of Proceedings, Jordan Framework, Pre Charge Delay, Police Conduct, Change of Venue, Rowbotham Application
Source Language
English
Criminal Law Constitutional Law Administrative/procedural Law Section 11(b) Delay Section 7, 11(d), 12 Charter Rights Stay of Proceedings Jordan Framework Pre Charge Delay +3 more

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

J.H.T.

Accused

Procedural Posture

Criminal Historic Sexual Offences / Application for Judicial Stay on S.11(b) Delay; Stay Granted

Legal Issues

  1. 1 Whether post-charge delay violated s.11(b) of the Charter
  2. 2 Whether pre-charge delay or RCMP misconduct violated ss.7 or 12 of the Charter
  3. 3 Whether mistrial and other events constituted 'exceptional circumstances' under Jordan

Ratio Decidendi

Total post-charge delay of approximately 73.5 months exceeded the 30‑month presumptive ceiling; after attributing 23 months to defence delay and deducting for one Crown‑controlled change of venue, 48 months remained attributable to the Crown; the Crown failed to establish exceptional circumstances (mistrial was reasonably foreseeable and attributable to Crown conduct), therefore s.11(b) was breached and a judicial stay of proceedings was required; pre‑charge misconduct and ss.7/12 claims were dismissed.

Court Disposition

Judicial stay of proceedings granted; charges stayed.

Orders

  • Judicial stay of proceedings entered in Court File No. 33643
  • Proceedings stayed on the basis of breach of s.11(b) of the Charter