R. v. Bowers

R. v. Bowers

Judge applied Jordan framework with appellate delay excluded per Potvin, adopted a contextual approach to 'rewinding the constitutional clock' for retrials (reset to date of revived charge), deducted defence-waived and defence-caused delay, found net delay for original trial below 18-month ceiling and net retrial delay reasonable; concluded s.11(b) rights were not breached and dismissed the stay application.

Citation
2017 NSPC 21
Parties
Prosecution: Her Majesty the Queen; Defendant: Bridget Mary Bowers; Defendant: Michael David Moore
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 March 2017
Procedural Posture
By Law Prosecution (municipal/regulatory) / Section 11(b) Charter Application Seeking Stay; Retrial Scheduled
Outcome
Section 11(b) Charter application dismissed; stay of proceedings denied
Legal Topics
Section 11(b) Charter Trial Within Reasonable Time, R. V. Jordan Framework and Presumptive Ceilings, Continuing Offence Vs Limitation Period, Officially Induced Error Defence, Appellate Delay and Rewinding the Constitutional Clock, Stay of Proceedings
Source Language
English
Criminal Law Constitutional Law Municipal Law Procedural Law Administrative Law Section 11(b) Charter Trial Within Reasonable Time R. V. Jordan Framework and Presumptive Ceilings Continuing Offence Vs Limitation Period +3 more

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Parties

Her Majesty the Queen

Prosecution

Bridget Mary Bowers

Defendant

Michael David Moore

Defendant

Procedural Posture

By Law Prosecution (municipal/regulatory) / Section 11(b) Charter Application Seeking Stay; Retrial Scheduled

Legal Issues

  1. 1 Whether the applicants' s.11(b) right to be tried within a reasonable time was breached
  2. 2 Whether appellate delay is included in the Jordan framework and how to 'rewind the constitutional clock' after a successful Crown appeal
  3. 3 Whether the offence is a continuing offence and limitation periods apply

Ratio Decidendi

Judge applied Jordan framework with appellate delay excluded per Potvin, adopted a contextual approach to 'rewinding the constitutional clock' for retrials (reset to date of revived charge), deducted defence-waived and defence-caused delay, found net delay for original trial below 18-month ceiling and net retrial delay reasonable; concluded s.11(b) rights were not breached and dismissed the stay application.

Court Disposition

Section 11(b) Charter application dismissed; stay of proceedings denied

Orders

  • Section 11(b) application for stay dismissed