R. v. Smith, [1989] 2 S.C.R. 1120 (1989)

Supreme Court of Canada

Docket Number: 21058

Linked as:

Extract

R. v. Smith, [1989] 2 S.C.R. 1120 (1989)

R. v. Smith (Michael Harold), [1989] 2

S.C.R. 1120

Michael Harold Smith Appellant v.

Her Majesty The Queen Respondent indexed as: r. v. smith

File No.: 21058.

1989: May 24, 25; 1989: December 7.

Present: Dickson C.J. and Lamer, Wilson, La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory and McLachlin JJ.

on appeal from the court of appeal for manitoba

Constitutional law -- Charter of Rights -- Court of competent jurisdiction -- Superior court -- Fifteen-month delay between the laying of the charge and the date set for the commencement of the preliminary inquiry -- Accused alleging a violation of his Charter right to be tried within a reasonable time -- Application for an order to stay the proceedings made before a superior court judge prior to the preliminary inquiry -- Whether superior court should have declined to exercise jurisdiction to decide the application -- Canadian Charter of Rights and Freedoms, s. 24.

Constitutional law -- Charter of Rights -- Trial within a reasonable time -- Fifteen-month delay between the laying of the charge and the date set for the commencement of the preliminary inquiry -- Whether accused's right to be tried within a reasonable time infringed -- Canadian Charter of Rights and Freedoms, s. 11(b).

The accused was charged with theft on January 22, 1987 and the preliminary inquiry was subsequently scheduled for August. The Crown was informed in June, however, that no special sittings would be conducted by provincial judges during the months of July or August and that the investigating officer would not be available to assist with the conduct of the inquiry except in December or after April 1988. Both the Crown and defence counsel agreed to conduct the preliminary inquiry in December. But, once again, they were informed that no judge was available at this time. They then agreed to reschedule the preliminary inquiry to May 1988. Defence counsel wrote to the Crown on July 6, 1987 to confirm these arrangements and to express his concer...

See the full content of this document