R. v. Nagy Willis

R. v. Nagy Willis

Judge calculated total delay at 596 days (19.6 months), deducted 15 days defence delay to get 581 days (19.1 months), then found COVID‑19 related exceptional circumstances justified deducting 3.6 months for backlog and 1.3 months for delayed first appearance (total 4.9 months). Adjusted net delay became 14.2 months, below the 18‑month presumptive ceiling; defence did not meet the onus to show unreasonable delay below the ceiling; s.11(b) application dismissed.

Citation
2022 NSPC 29
Parties
Crown/respondent: Her Majesty the Queen; Accused/applicant: Zackery Stephen Nagy Willis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 July 2022
Procedural Posture
Criminal / Section 11(b) Charter Application (stay of Proceedings) — Pre Trial
Outcome
Section 11(b) Charter application dismissed; no stay of proceedings ordered
Legal Topics
Section 11(b) Unreasonable Delay, Jordan Framework, Cody Clarification, Exceptional Circumstances (covid 19), Stay of Proceedings
Source Language
English
Criminal Law Constitutional Law Procedural Law Section 11(b) Unreasonable Delay Jordan Framework Cody Clarification Exceptional Circumstances (covid 19) Stay of Proceedings

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 5 Authorities cited 16 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Her Majesty the Queen

Crown/respondent

Zackery Stephen Nagy Willis

Accused/applicant

Procedural Posture

Criminal / Section 11(b) Charter Application (stay of Proceedings) — Pre Trial

Legal Issues

  1. 1 Whether the accused's s.11(b) right to be tried within a reasonable time was breached
  2. 2 Proper calculation and attribution of delay (total, defence delay, exceptional circumstances)
  3. 3 Whether the COVID‑19 pandemic constitutes exceptional circumstances rebutting the presumption of unreasonableness

Ratio Decidendi

Judge calculated total delay at 596 days (19.6 months), deducted 15 days defence delay to get 581 days (19.1 months), then found COVID‑19 related exceptional circumstances justified deducting 3.6 months for backlog and 1.3 months for delayed first appearance (total 4.9 months). Adjusted net delay became 14.2 months, below the 18‑month presumptive ceiling; defence did not meet the onus to show unreasonable delay below the ceiling; s.11(b) application dismissed.

Court Disposition

Section 11(b) Charter application dismissed; no stay of proceedings ordered

Orders

  • Section 11(b) Charter application dismissed