Digest: R v Desjarlais, 2018 SKPC 35

• Date: April 27, 2018

Reported as: 2018 SKPC 35

Docket Number: PC17120 , 24460211

Court: Provincial Court

Date: 2018-04-27

Judges:

• Martinez

Subjects:

• Constitutional Law � Charter of Rights, Section 11(b)

Digest: The accused was charged on July 28, 2015 with several criminal driving offences that injured two people. Her trial was scheduled for July 18, 2018. In March 2018, the accused brought an application for a stay of proceedings, alleging that contrary to s. 11(b) of the Charter, she had been denied her right to be tried within a reasonable time. The first period of delay occurred after the accused�s first appearance in court in August 2015. She asked for and was granted an adjournment so that she could apply for a Legal Aid lawyer. She appeared in September and October without counsel. She missed her next court date in November. In February, her grandmother appeared on her behalf and said that she was unable to come due to illness. After adjourning to March, the accused appeared with a Legal Aid lawyer who requested disclosure from the Crown. Two more adjournments occurred and in May 2016 the accused elected trial in Queen�s Bench and a preliminary inquiry. The latter was scheduled in November 2016, but had to be adjourned because the accused�s lawyer had had no contact with her. She then re-elected to be tried by a Provincial Court judge in December. The court offered a trial date in April 2017 but as the accused�s baby was due then, her request to adjourn until May was granted. The trial was scheduled then but the Crown did not request that the court schedule no other cases for trial that day. The trial did not proceed in May because Crown counsel was aware that the trial judge was due to retire in a few weeks and the trial might not be finished before his retirement, and thus requested an adjournment. The trial was rescheduled for November 2017. At that time the Crown was ready to proceed, but as the defence had not yet received disclosure, it applied to the court regarding the disclosure. The trial was rescheduled for July 2018. The defence also applied for a stay of proceedings. The application was heard in March 2018.
HELD: The application was granted and the court granted a stay of proceedings because the accused�s s. 11(b) Charter right had been violated. It found that the total delay was almost 36 months from the time the Information was sworn until the...