R. v. Apostol

R. v. Apostol

Total delay from charge to scheduled trial (46.5 months less 2 months defence waiver = 44.5 months) greatly exceeded constitutional ceiling for superior-court cases; defence delay was limited to two months and Crown/police caused or failed to justify the remainder through disclosure and scheduling failures; no exceptional circumstances were established to justify the excess delay; accordingly the charges must be stayed.

Citation
2016 NSSC 241
Parties
Crown: Her Majesty the Queen; Accused: Mihai Apostol; Accused: Kenneth Greer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
14 September 2016
Procedural Posture
Criminal — S.11(b) Charter Application (stay for Unreasonable Delay) / Pre Trial — Application for Stay of Proceedings
Outcome
Stay of proceedings entered
Legal Topics
Unreasonable Delay, Stay of Proceedings, Disclosure Obligations, Preliminary Inquiry, Transitional Application of Jordan
Source Language
English
Criminal Law Constitutional Law Procedure and Evidence Unreasonable Delay Stay of Proceedings Disclosure Obligations Preliminary Inquiry Transitional Application of Jordan

Case Brief

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Parties

Her Majesty the Queen

Crown

Mihai Apostol

Accused

Kenneth Greer

Accused

Procedural Posture

Criminal — S.11(b) Charter Application (stay for Unreasonable Delay) / Pre Trial — Application for Stay of Proceedings

Legal Issues

  1. 1 Whether total delay exceeded the presumptive Jordan ceiling for superior court trials
  2. 2 Whether and how much delay is attributable to the defence (waiver or defence-caused)
  3. 3 Whether transitional exceptional circumstances apply to charges laid pre-Jordan/Williamson

Ratio Decidendi

Total delay from charge to scheduled trial (46.5 months less 2 months defence waiver = 44.5 months) greatly exceeded constitutional ceiling for superior-court cases; defence delay was limited to two months and Crown/police caused or failed to justify the remainder through disclosure and scheduling failures; no exceptional circumstances were established to justify the excess delay; accordingly the charges must be stayed.

Court Disposition

Stay of proceedings entered

Orders

  • Proceedings stayed against Mihai Apostol and Kenneth Greer