R v H

R v H

Net delay from laying of the information to the anticipated trial date was 18 months and 18 days, there was no defence delay and the prosecution failed to prove any exceptional circumstances to rebut the Jordan ceiling; accordingly the charges in information 839713 are stayed as the appropriate Charter remedy.

Citation
2024 NSPC 13
Parties
Prosecution: His Majesty the King; Accused (young Person): CMH
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 February 2024
Procedural Posture
Youth Criminal Prosecution (indictable Offences Tried in Provincial Court) / Application for Stay of Proceedings Under S.11(b) of the Charter (pre Trial)
Outcome
Judicial stay of proceedings granted; charges stayed
Legal Topics
Unreasonable Delay, Charter S.11(b), Stay of Proceedings, Third Party Records Applications (s.278.3 Criminal Code), Publication Ban (s.110 Ycja; S.486.4 Criminal Code)
Source Language
English
Criminal Law Constitutional Law Youth Justice Unreasonable Delay Charter S.11(b) Stay of Proceedings Third Party Records Applications (s.278.3 Criminal Code) Publication Ban (s.110 Ycja; S.486.4 Criminal Code)

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Parties

His Majesty the King

Prosecution

CMH

Accused (young Person)

Procedural Posture

Youth Criminal Prosecution (indictable Offences Tried in Provincial Court) / Application for Stay of Proceedings Under S.11(b) of the Charter (pre Trial)

Legal Issues

  1. 1 Whether the delay between charge and anticipated trial violated s.11(b) of the Charter
  2. 2 Whether any portion of the delay should be attributed to defence
  3. 3 Whether the prosecution established exceptional circumstances to rebut the Jordan presumptive ceiling

Ratio Decidendi

Net delay from laying of the information to the anticipated trial date was 18 months and 18 days, there was no defence delay and the prosecution failed to prove any exceptional circumstances to rebut the Jordan ceiling; accordingly the charges in information 839713 are stayed as the appropriate Charter remedy.

Court Disposition

Judicial stay of proceedings granted; charges stayed

Orders

  • Judicial stay entered in respect of all charges contained in information 839713
  • Publication restrictions under the Youth Criminal Justice Act s.110 and s.111 and Criminal Code s.486.4 remain in effect