R. v. Cameron (K.M.), (2005) 197 Man.R.(2d) 135 (PC)

• Judge: Devine, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 12, 2005
• Jurisdiction: Manitoba
• Citations: (2005), 197 Man.R.(2d) 135 (PC)

R. v. Cameron (K.M.) (2005), 197 Man.R.(2d) 135 (PC)

MLB headnote and full text

Temp. Cite: [2005] Man.R.(2d) TBEd. OC.036

Her Majesty The Queen v. Kirt Michael Cameron (accused)

Indexed As: R. v. Cameron (K.M.)

Manitoba Provincial Court

Devine, P.C.J.

October 12, 2005.

Summary:

The accused was charged with assault with a weapon and breach of a recognizance. The Crown proceeded summarily and the trial was scheduled for 22 months after the charges were laid. The accused sought a stay of proceedings on the ground that his s. 11(b) Charter right to be tried within a reasonable time was denied.

The Manitoba Provincial Court dismissed the application.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - What constitutes "within a reasonable time" - The accused was charged with assault with a weapon and breach of a recognizance - The Crown proceeded summarily and the trial was scheduled for 22 months after the charges were laid - The accused sought a stay of proceedings on the ground that his s. 11(b) Charter right to be tried within a reasonable time was denied - The Manitoba Provincial Court dismissed the application - The delay was prima facie unreasonable - Of the 22 month delay, 15 months were attributed to the Crown, three months were the inherent time requirements of the case and four months were attributable to the accused, who changed counsel - Although the accused was prejudiced by being subject to stringent bail conditions that impacted his liberty, bail conditions were subsequently varied (curfew removed) and the accused was also subject to other pending charges - The Manitoba Provincial Court determined that even if the accused's right to be tried within a reasonable time was denied, this was not "one of those clearest of cases in which the exceptional remedy of a stay of proceedings should be granted".

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3265 ].

Cases Noticed:

R. v. Barkman (T.K.) (2004), 190 Man.R.(2d) 75; 335 W.A.C. 75; 2004 MBCA 151, refd to. [para. 4].

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81, refd to. [para. 5].

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241, refd to. [para. 6].

R. v. Taillefer (B.), [2003] 3 S.C.R. 307; 313 N.R 1, refd to. [para. 7].

R. v. Sharma, [1992] 1 S.C.R. 814; 134 N.R. 368; 53 O.A.C. 288, refd to. [para. 7].

R. v. Matthies (D.), [2005] CanLII 11180; 193 Man.R.(2d) 88 (Prov. Ct.), refd to. [para. 7].

R. v. Tuttle (L.G.), [2004] CanLII 2915; 181 Man.R.(2d) 104 (Prov. Ct.), refd to. [para. 7].

R. v. Bolland (A.K.) (2002), 161 Man.R.(2d) 156; 2002 MBQB 313, refd to. [para. 7].

R. v. Willingham (S.D.), [2004] CanLII 12552; 185 Man.R.(2d) 201 (Prov. Ct.), refd to. [para. 7].

R. v. Krahn (B.J.), [2003] CanLII 7945; 176 Man.R.(2d) 253 (Prov. Ct.), refd to. [para. 7].

Counsel:

Christina Kopynsky, Q.C., for the Crown;

Randy Janis, for the accused.

This motion was heard before Devine, P.C.J., of the Manitoba Provincial Court, who delivered the following judgment on October 12, 2005.