R. v. Harris, (1991) 101 N.S.R.(2d) 410 (ProvCt)

• Judge: Gibson, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: March 04, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 101 N.S.R.(2d) 410 (ProvCt)

R. v. Harris (1991), 101 N.S.R.(2d) 410 (ProvCt);

    275 A.P.R. 410

MLB headnote and full text

R. v. Susan Harris

(127263, 127264)

Indexed As: R. v. Harris

Nova Scotia Provincial Court

Gibson, P.C.J.

March 22, 1991.

Summary:

The accused applied to the Nova Scotia Supreme Court, Trial Division, for a stay of proceedings in the Provincial Court on the ground of delay.

The Nova Scotia Supreme Court, Trial Division, in a judgment reported 101 N.S.R.(2d) 120; 275 A.P.R. 120, dismissed the application on the ground that the application should have been made to the Provincial Court.

The accused applied to the Provincial Court for a stay. The Nova Scotia Provincial Court allowed the application.

Civil Rights - Topic 3262

Trials, due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Waiver of right - On the accused's June 28 trial date the court was forced to postpone her trial because court time was backed up from the day before - The next possible date was November 26th which the accused consented to - Some earlier dates were not convenient to the accused, her lawyer or witnesses - The accused was silent when the Crown raised the problem of unreasonable delay - The Nova Scotia Provincial Court on the accused's subsequent application for a stay held that the accused did not waive her right to speedy trial, where she did not request the adjournment and her silence on the issue of delay did not constitute waiver - See paragraphs 34 to 40.

Civil Rights - Topic 3265

Trials, due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - "Within a reasonable time" - What constitutes - Counsel appeared for the accused in Provincial Court on February 6, 1990, and a trial was set for June 28 - On June 28 both parties were prepared to proceed, but court time was backed up from the day before and the trial could not proceed - A new trial date of November 26th was agreed upon - The Nova Scotia Provincial Court granted the accused's subsequent application for a stay on the ground of unreasonable delay, where the delay caused by overbooking was unreasonable and she was actually prejudiced.

Civil Rights - Topic 8309

Canadian Charter of Rights and Freedoms - General - Waiver of rights - [See Civil Rights - Topic 3262 ].

Cases Noticed:

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81; 59 C.C.C.(3d) 449; 79 C.R.(3d) 273; 49 C.R.R. 1, appld. [para. 10].

R. v. Mills, [1986] 1 S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81; 26 C.C.C.(3d) 481; 29 D.L.R.(4th) 161; 2 C.R.R. 76; 52 C.R.(3d) 1, refd to. [para. 11].

R. v. Rahey, [1987] 1 S.C.R. 588; 75 N.R. 81; 78 N.S.R.(2d) 183; 193 A.P.R. 183; 33 C.C.C.(3d) 289; 57 C.R.(3d) 289, refd to. [para. 11].

R. v. Conway, [1989] 1 S.C.R. 1659; 96 N.R. 241; 34 O.A.C. 165; 70 C.R.(3d) 209; 49 C.C.C.(3d) 209, refd to. [para. 11].

R. v. Smith (M.H.), [1989] 2 S.C.R. 1120; 102 N.R. 205; 63 Man.R.(2d) 81; 52 C.C.C.(3d) 97; 73 C.R.(3d) 1, refd to. [para. 11].

R. v. Latter (1988), 85 N.S.R.(2d) 205; 216 A.P.R. 205 (T.D.), consd. [para. 17].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b).

Counsel:

Jean Whalen, for the Crown;

Joel Pink, Q.C., for the accused.

This case was heard on March 4, 1991, at Dartmouth, Nova Scotia, before Gibson, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on March 22, 1991: