R. v. Clark (J.), (1998) 53 O.T.C. 314 (GD)

• Judge: McIsaac, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: February 06, 1998
• Jurisdiction: Ontario
• Citations: (1998), 53 O.T.C. 314 (GD)

R. v. Clark (J.) (1998), 53 O.T.C. 314 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. FE.140

Her Majesty The Queen (respondent) v. Joel Clark (applicant)

(No. 96 0752)

Indexed As: R. v. Clark (J.)

Ontario Court of Justice

General Division

New Market

McIsaac, J.

February 9, 1998.

Summary:

The accused was charged with two counts of first degree murder. He caused a delay in the proceedings by agreeing to undertakings and a plea bargain made by his lawyer, then refusing to abide by his commitments. His lawyer asked to resign. A new trial date was set and the accused was advised to retain new counsel. The accused delayed retaining new counsel. The accused eventually retained counsel who was unavailable for trial on the date set for trial. The accused sought an adjournment of several months to accommodate his new counsel.

The Ontario Court (General Division) dismissed the application. The court found that the accused was the author of his own misfortune and deliberately manipulated delays in order to avoid a trial.

Criminal Law - Topic 4485

Procedure - Trial - Adjournments - See paragraphs 1 to 11.

Cases Noticed:

R. v. Richard and Sassano (1992), 55 O.A.C. 43 (C.A.), refd to. [para. 7].

R. v. Halnuck (P.J.) (1997), 209 N.R. 4; 158 N.S.R.(2d) 125; 466 A.P.R. 125; 113 C.C.C.(3d) 478 (S.C.C.), refd to. [para. 8].

R. v. E.S. (1996), 6 O.T.C. 351 (Gen. Div.), refd to. [para. 8].

R. v. Bernardo (P.K.) (1997), 105 O.A.C. 244 (C.A.), refd to. [para. 9].

Counsel:

K. McCleave and L. Saunders-Gartner, for the respondent;

S. Kovacs, for the applicant.

This application was heard on February 6, 1998, before McIsaac, J., of the Ontario Court (General Division), who released the following judgment on February 9, 1998.