R. v. Christie, (1985) 56 Nfld. & P.E.I.R. 336 (PEISC)

• Judge: MacDonald, J.
• Case Date: November 19, 1985
• Jurisdiction: Prince Edward Island
• Citations: (1985), 56 Nfld. & P.E.I.R. 336 (PEISC)

R. v. Christie (1985), 56 Nfld. & P.E.I.R. 336 (PEISC);

    168 A.P.R. 336

MLB headnote and full text

R. v. Christie

(No. GDC-6153)

Indexed As: R. v. Christie

Prince Edward Island Supreme Court

MacDonald, J.

December 10, 1985.

Summary:

The accused was charged with aggravated assault contrary to s. 245.2 of the Criminal Code. The date set for the preliminary inquiry was more than nine months after the date the accused was charged because of a backlog of cases in the Provincial Court. The accused applied under s. 24(1) of the Canadian Charter of Rights and Freedoms for an order directing the Provincial Court judge to set a date for the preliminary inquiry within a reasonable time.

The Prince Edward Island Supreme Court granted the application. The court held that the nine month delay between the laying of the information and the date of the preliminary inquiry was excessive. The court also held that it was intolerable for the accused to be held in jail for nine months prior to the preliminary inquiry.

Civil Rights - Topic 3265

Trials - Due process and fair hearings - Speedy trial - Accused's right to - Within a reasonable time - What constitutes - An accused was charged with aggravated assault contrary to s. 245.2 of the Criminal Code - There was a nine month delay between the laying of the information and the date set for the preliminary inquiry because of a backlog of cases in the Provincial Court - The Prince Edward Island Supreme Court held that the nine month delay between the laying of the information and the date of the preliminary inquiry was excessive - See paragraphs 11 to 14.

Civil Rights - Topic 3266

Trials - Due process and fair hearings - Speedy trial - Accused's right to - Expediting hearing to avoid unreasonable delay - An accused was charged with aggravated assault contrary to s. 245.2 of the Criminal Code - There was a nine month delay between the laying of the information and the date set for the preliminary inquiry because of a backlog of cases in the Provincial Court - The Prince Edward Island Supreme Court ordered a preliminary inquiry to be held within 30 days - The court held that since any further delay would result in a breach of the accused's rights under s. 11(b) of the Charter, the appropriate and just remedy was to hold the preliminary inquiry at an earlier date - See paragraphs 21 to 23.

Cases Noticed:

R. v. Antoine (1983), 5 C.C.C.(3d) 97; 47 O.R.(2d) 607; 148 D.L.R.(3d) 149, consd. [para. 7].

Re R. and Beason (1983), 7 C.C.C.(3d) 20, consd. [para. 7].

R. v. Heaslip et al. (1983), 9 C.C.C.(3d) 480; 36 C.R.(3d) 309; 7 C.R.R. 257, refd to. [para. 7].

Re R. and Thompson (1984), 3 D.L.R.(4th) 642, refd to. [para. 7].

R. v. Deloli and Fowler (1985), 33 Man.R.(2d) 262, refd to. [para. 7].

R. v. Rahey (1984), 63 N.S.R.(2d) 275, refd to. [para. 7].

Barker v. Wingo (1972), 407 U.S. 514, consd. [para. 7].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, sect. 11(b), sect. 24.

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 245.2.

Counsel:

John MacDougall, for the applicant;

Darrell E. Coombs, for the Crown.

This case was heard on November 19, 1985, before MacDonald, J., of the Prince Edward Island Supreme Court, who delivered the following judgment on December 10, 1985: