R. v. Bowser

R. v. Bowser

Applying the Morin/Godin framework the court performed a detailed allocation of delay: total period ~54 months, attributed as Crown delay 13.5 months (including 8 months institutional), Defence delay 7.5 months, and inherent/intake requirements 33.25 months. Prejudice was moderate for Bowser and largely inferred for Cameron. Balancing the factors the court found no unreasonable delay causing prejudice warranting a stay; the s.11(b) application was dismissed.

Citation
2016 NSPC 34
Parties
Crown: Her Majesty the Queen; Accused: Joseph Wayne Bowser; Accused: Ricky Daniel Cameron
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 April 2016
Procedural Posture
Criminal / Charter Section 11(b) Application (after Close of Crown Evidence)
Outcome
Section 11(b) Charter application dismissed; no stay of proceedings ordered
Legal Topics
Section 11(b) Right to Be Tried Within a Reasonable Time, Section 24(1) Remedy — Stay of Proceedings, Delay Attribution and Institutional Delay, Waiver and Implied Waiver, Continuity and Admissibility of Exhibits
Source Language
English
Criminal Law Constitutional Law Evidence Section 11(b) Right to Be Tried Within a Reasonable Time Section 24(1) Remedy — Stay of Proceedings Delay Attribution and Institutional Delay Waiver and Implied Waiver Continuity and Admissibility of Exhibits

Case Brief

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Parties

Her Majesty the Queen

Crown

Joseph Wayne Bowser

Accused

Ricky Daniel Cameron

Accused

Procedural Posture

Criminal / Charter Section 11(b) Application (after Close of Crown Evidence)

Legal Issues

  1. 1 Whether the s.11(b) Charter right to be tried within a reasonable time was infringed
  2. 2 Whether a stay of proceedings under s.24(1) is appropriate and just
  3. 3 How to apportion delay between Crown, Defence and institutional factors

Ratio Decidendi

Applying the Morin/Godin framework the court performed a detailed allocation of delay: total period ~54 months, attributed as Crown delay 13.5 months (including 8 months institutional), Defence delay 7.5 months, and inherent/intake requirements 33.25 months. Prejudice was moderate for Bowser and largely inferred for Cameron. Balancing the factors the court found no unreasonable delay causing prejudice warranting a stay; the s.11(b) application was dismissed.

Court Disposition

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

Orders

  • Section 11(b) Charter application dismissed
  • No stay of proceedings ordered