R. v. Harris (S.), (1991) 108 N.S.R.(2d) 113 (CA)

• Judge: Clarke, C.J.N.S., Chipman and Freeman, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 18, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 108 N.S.R.(2d) 113 (CA)

R. v. Harris (S.) (1991), 108 N.S.R.(2d) 113 (CA);

  294 A.P.R. 113

MLB headnote and full text

Her Majesty The Queen (appellant) v. Susan Harris (respondent)

(S.C.C. No. 02486)

Indexed As: R. v. Harris (S.)

Nova Scotia Supreme Court

Appeal Division

Clarke, C.J.N.S., Chipman and Freeman, JJ.A.

November 18, 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 in Provincial Court.

The accused applied to the Provincial Court for a stay.

The Nova Scotia Provincial Court, in a decision reported 101 N.S.R.(2d) 410; 275 A.P.R. 410, allowed the application. The Crown appealed.

The Nova Scotia Supreme Court, Appeal Division, allowed the appeal.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accus­ed's right to - Within a reasonable time - What constitutes - On January 11, the accused was charged with impaired driving offences - Trial was set for June 28 - On June 28 both parties were ready to pro­ceed, but court time was backed up from the day before and the trial could not proceed - A new trial date of November 26 was agreed upon - Two alternative available dates were not convenient to the accused, her lawyer or witnesses - The Nova Scotia Court of Appeal held that the contribution of the accused to the delay displaced any inference that the delay was unreasonable.

Cases Noticed:

R. v. Harris (1991), 101 N.S.R.(2d) 120; 275 A.P.R. 120, refd to. [para. 6].

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, refd to. [para. 7].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b) [para. 6].

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(a), sect. 253(b) [para. 1].

Counsel:

Dana Giovannetti, for the appellant;

Joel E. Pink, Q.C., for the respondent.

This appeal was heard on November 18, 1991, before Clarke, C.J.N.S., Chipman and Freeman, JJ.A., of the Nova Scotia Supreme Court, Appeal Division. On November 18, 1991, Chipman, J.A., delivered the following oral judgment for the Court of Appeal.