R. v. Arbique

R. v. Arbique

The judge treated Judge Prince's medical emergency and the consequential period as an exceptional discrete event and excluded 477 days for that event and 56 days of defence delay from the 1294-day total; the remaining net delay (25.01 months) fell below the 30-month provincial-after-preliminary-inquiry ceiling and, under Jordan and the transitional application of Morin to pre-Jordan delay, the defence failed to show a breach of s.11(b); application dismissed.

Citation
2017 NSPC 11
Parties
Crown: Her Majesty the Queen; Defendant: Amber Arbique; Defendant: Jarrod Wellmann
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 January 2017
Procedural Posture
Criminal Charter S.11(b) Unreasonable Delay Application / Decision on S.11(b) Application (stay of Proceedings Denied)
Outcome
s.11(b) application dismissed; no stay of proceedings entered
Legal Topics
Unreasonable Delay, Stay of Proceedings, Jordan Framework, Exceptional Circumstances Judicial Illness, Defence Delay
Source Language
English
Criminal Law Constitutional Law Procedural Law Unreasonable Delay Stay of Proceedings Jordan Framework Exceptional Circumstances Judicial Illness Defence Delay

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Parties

Her Majesty the Queen

Crown

Amber Arbique

Defendant

Jarrod Wellmann

Defendant

Procedural Posture

Criminal Charter S.11(b) Unreasonable Delay Application / Decision on S.11(b) Application (stay of Proceedings Denied)

Legal Issues

  1. 1 Whether delay from charge to anticipated end of trial was unreasonable under s.11(b) of the Charter
  2. 2 Proper calculation of total and net delay including defence-caused delay
  3. 3 Whether Judge Prince's medical absence qualified as an exceptional discrete event under Jordan

Ratio Decidendi

The judge treated Judge Prince's medical emergency and the consequential period as an exceptional discrete event and excluded 477 days for that event and 56 days of defence delay from the 1294-day total; the remaining net delay (25.01 months) fell below the 30-month provincial-after-preliminary-inquiry ceiling and, under Jordan and the transitional application of Morin to pre-Jordan delay, the defence failed to show a breach of s.11(b); application dismissed.

Court Disposition

s.11(b) application dismissed; no stay of proceedings entered

Orders

  • s.11(b) application dismissed
  • Proceedings to continue; no stay granted