R. v. Biever (C.)

• Jurisdiction: Alberta
• Court: Court of Queen's Bench of Alberta (Canada)
• Judge: Graesser, J.
• Citation: [2015] A.R. TBEd. DE.033,2015 ABQB 705
• Date: 23 October 2015
• Subject Matter: PRISONS,CIVIL RIGHTS

R. v. Biever (C.), [2015] A.R. TBEd. DE.033

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.033

Her Majesty the Queen (Crown) v. Clinton Biever (accused)

(130443914Q1; 130443914Q2; 2015 ABQB 705)

Indexed As: R. v. Biever (C.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Graesser, J.

November 6, 2015.

Summary:

The accused faced charges related to bank robberies in Edmonton and Calgary. The court previously ruled that the accused was entitled as a Remand Centre detainee to access legal materials over the Internet and, in particular, CanLII. (see [2015] A.R. TBEd. MY.092). The accused now brought an application alleging a breach of his s. 11(b) Charter right to be tried within a reasonable time, and applied for a stay due to the delay in his access to certain legal materials.

The Alberta Court of Queen's Bench found that there had been no breach of the accused's s. 11(b) right. The application for a stay of proceedings due to breach of s. 11(b) was dismissed.

Civil Rights - Topic 3270

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Evidence of prejudice and causes of delay - See paragraphs 11 to 116.

Prisons - Topic 1125

Administration - Prisoners' rights - Access to computer and software (incl. internet access) - See paragraphs 92 to 112.

Counsel:

Carrie-Ann Downey, for the Crown/respondent;

Adam Badari, amicus;

Clinton Biever on his own behalf.

This application was heard on October 23, 2015, before Graesser, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on November 6, 2015.