R v MacLean

R v MacLean

The net delay from laying of the information to the scheduled trial (28 months, 5 days) exceeded the 18-month provincial court presumptive ceiling; no delay was correctly allocated to the defence; the prosecution failed to demonstrate exceptional circumstances (pandemic or lack of judicial resources) on the record; accordingly the delay is presumptively unreasonable and a judicial stay of proceedings was ordered.

Citation
2023 NSPC 36
Parties
Prosecution: His Majesty the King; Accused: Robin Francis MacLean
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 June 2023
Procedural Posture
Criminal / Application for Stay of Proceedings (s.11(b) Charter)
Outcome
Judicial stay of proceedings granted.
Legal Topics
Unreasonable Delay, Stay of Proceedings, Judicial Resources, Pandemic Related Delay, Defence Delay, Exceptional Circumstances
Source Language
English
Criminal Law Constitutional Law Procedural Law Unreasonable Delay Stay of Proceedings Judicial Resources Pandemic Related Delay Defence Delay +1 more

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Parties

His Majesty the King

Prosecution

Robin Francis MacLean

Accused

Procedural Posture

Criminal / Application for Stay of Proceedings (s.11(b) Charter)

Legal Issues

  1. 1 Whether the delay from charging to trial exceeded the Jordan presumptive ceiling for provincial court matters
  2. 2 Whether any portion of the delay is attributable to the defence
  3. 3 Whether the prosecution established exceptional circumstances (pandemic or judicial-resources) to justify the excess delay

Ratio Decidendi

The net delay from laying of the information to the scheduled trial (28 months, 5 days) exceeded the 18-month provincial court presumptive ceiling; no delay was correctly allocated to the defence; the prosecution failed to demonstrate exceptional circumstances (pandemic or lack of judicial resources) on the record; accordingly the delay is presumptively unreasonable and a judicial stay of proceedings was ordered.

Court Disposition

Judicial stay of proceedings granted.

Orders

  • Charges under information 820385 (dockets 8501884, 8501885, 8501886) are stayed by way of a judicial stay of proceedings