R. v. Mahar

R. v. Mahar

Total delay (~23 months) minus defence-attributable delay (3.5 months for Mental Health Court detours and bail efforts) left a net >18 months; the Crown proved an exceptional discrete event (Crown counsel's bereavement) causing a 7 month adjournment that Crown could not reasonably mitigate, reducing net delay to ~13 months which is below the 18 month ceiling, so no s.11(b) breach and stay is dismissed.

Citation
2017 NSPC 9
Parties
Crown: Her Majesty the Queen; Accused: Richard George Mahar
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 March 2017
Procedural Posture
Criminal (section 11(b) Charter Application) / Unreasonable Delay Application (stay Motion)
Outcome
Application for stay dismissed; no breach of s.11(b) found
Legal Topics
Section 11(b) Right to Trial Within a Reasonable Time, Jordan Framework and Presumptive Ceilings, Stay of Proceedings for Delay, Exceptional Circumstances (discrete Events), Attribution of Delay to Defence Vs Crown, Mental Health Court Referrals and Case Management
Source Language
English
Criminal Law Constitutional Law Procedural Law Section 11(b) Right to Trial Within a Reasonable Time Jordan Framework and Presumptive Ceilings Stay of Proceedings for Delay Exceptional Circumstances (discrete Events) Attribution of Delay to Defence Vs Crown +1 more

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Parties

Her Majesty the Queen

Crown

Richard George Mahar

Accused

Procedural Posture

Criminal (section 11(b) Charter Application) / Unreasonable Delay Application (stay Motion)

Legal Issues

  1. 1 Whether the delay from charge to anticipated trial end violated s.11(b)
  2. 2 How much of the delay is attributable to the defence
  3. 3 Whether the Crown established exceptional circumstances to rebut presumptive unreasonableness under Jordan

Ratio Decidendi

Total delay (~23 months) minus defence-attributable delay (3.5 months for Mental Health Court detours and bail efforts) left a net >18 months; the Crown proved an exceptional discrete event (Crown counsel's bereavement) causing a 7 month adjournment that Crown could not reasonably mitigate, reducing net delay to ~13 months which is below the 18 month ceiling, so no s.11(b) breach and stay is dismissed.

Court Disposition

Application for stay dismissed; no breach of s.11(b) found

Orders

  • Application for a stay of proceedings dismissed
  • Proceedings not stayed; matter to continue