R. v. Callahan-Tucker

R. v. Callahan-Tucker

After deducting explicit defence waivers (11 months), defence-attributable delay (including delays caused by multiple late or non-compliant s.276 applications and resulting judicial recusal/mistrial), and appropriate deductions for discrete exceptional events (partial deduction for Covid-19, deduction for judge MacKinnon's illness), the net delay calculated was 10 months and 18 days which is below the 18-month presumptive ceiling; therefore there was no breach of s.11(b) and the application for a stay was dismissed.

Citation
2022 NSPC 58
Parties
Crown: His Majesty the King; Accused: David George Callahan-Tucker
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 December 2022
Procedural Posture
Criminal Indictable (s.271 Sexual Assault) / Charter S.11(b) Application (unreasonable Delay)
Outcome
s.11(b) application dismissed; no stay of proceedings ordered
Legal Topics
Unreasonable Delay, Section 11(b) Charter, Jordan Framework, Mistrial, Exceptional Circumstances, Judicial Recusal, Judge Illness, Covid 19 Pandemic, S.276 Applications
Source Language
English
Criminal Law Constitutional Law Procedural Law Unreasonable Delay Section 11(b) Charter Jordan Framework Mistrial Exceptional Circumstances +4 more

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Parties

His Majesty the King

Crown

David George Callahan-Tucker

Accused

Procedural Posture

Criminal Indictable (s.271 Sexual Assault) / Charter S.11(b) Application (unreasonable Delay)

Legal Issues

  1. 1 Whether the accused's s.11(b) right to be tried within a reasonable time was breached
  2. 2 How to calculate total, defence-attributable and exceptional-event delay under the Jordan framework
  3. 3 Whether defence conduct (waivers, late or non-compliant s.276 applications) must be deducted

Ratio Decidendi

After deducting explicit defence waivers (11 months), defence-attributable delay (including delays caused by multiple late or non-compliant s.276 applications and resulting judicial recusal/mistrial), and appropriate deductions for discrete exceptional events (partial deduction for Covid-19, deduction for judge MacKinnon's illness), the net delay calculated was 10 months and 18 days which is below the 18-month presumptive ceiling; therefore there was no breach of s.11(b) and the application for a stay was dismissed.

Court Disposition

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

Orders

  • s.11(b) application dismissed
  • No stay of proceedings ordered