R. v. Dann

R. v. Dann

Detention exceeding the statutory twenty-four hour outer limit, even by approximately twenty minutes, constituted arbitrary detention and a breach of s.9; however the breach was minor and without mala fides so a stay was disproportionate; trial will proceed and any remedy will be determined after trial, with a...

Source-derived case information.

Citation
2002 NSSC 37
Parties
Respondent/crown: Her Majesty the Queen; Applicant/accused: Jamie Dominique Dann
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 October 2001
Procedural Posture
Criminal Charter Application / Pre Trial Charter Remedy Hearing
Outcome
Charter s.9 breach found; no stay of proceedings; trial to proceed; remedy reserved to be determined after trial and may include sentence reduction if convicted.
Legal Topics
Arbitrary Detention, Section 9 Charter, Remedies, Stay of Proceedings, Statutory Interpretation (s.503/s.508 Criminal Code)
Source Language
english
Criminal Law Constitutional Law Charter of Rights Arbitrary Detention Section 9 Charter Remedies Stay of Proceedings Statutory Interpretation (s.503/s.508 Criminal Code)

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Parties

Her Majesty the Queen

Respondent/crown

Jamie Dominique Dann

Applicant/accused

Procedural Posture

Criminal Charter Application / Pre Trial Charter Remedy Hearing

Legal Issues

  1. 1 Whether detention beyond 24 hour statutory limit constituted arbitrary detention under s.9 of the Charter
  2. 2 Whether the breach warranted a stay of proceedings or a lesser remedy
  3. 3 Whether the breach was made in bad faith or was minor and remediable at sentencing

Ratio Decidendi

Detention exceeding the statutory twenty-four hour outer limit, even by approximately twenty minutes, constituted arbitrary detention and a breach of s.9; however the breach was minor and without mala fides so a stay was disproportionate; trial will proceed and any remedy will be determined after trial, with a potential sentence reduction if convicted.

Court Disposition

Charter s.9 breach found; no stay of proceedings; trial to proceed; remedy reserved to be determined after trial and may include sentence reduction if convicted.

Orders

  • Charter s.9 breach declared.
  • Trial to proceed.