R. v. Humphreys (G.C.), (1992) 132 A.R. 393 (QB)

• Judge: Chrumka, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 22, 1992
• Citations: (1992), 132 A.R. 393 (QB)

R. v. Humphreys (G.C.) (1992), 132 A.R. 393 (QB)

MLB headnote and full text

Her Majesty The Queen (appellant) v. Gregory Clyde Humphreys (respondent)

(Docket No. 9143761 C; Appeal No. 9101 0365S1)

Indexed As: R. v. Humphreys (G.C.)

Alberta Court of Queen's Bench

Judicial District of Calgary

Chrumka, J.

October 22, 1992.

Summary:

The accused was charged with speeding contrary to s. 170(1) of the Highway Traffic Act. The charge was stayed because of a seven week delay in service on the accused. The Crown appealed.

The Alberta Court of Queen's Bench allowed the appeal and ordered a new trial.

Civil Rights - Topic 3157

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - The accused was charged with speeding contrary to s. 179(1) of the Highway Act - The charge was stayed because of a seven week delay in service on the accused - The Alberta Court of Queen's Bench set aside the stay and ordered a new trial, where "delay in charging and prosecuting an individual cannot, without more, justify staying the proceedings as an abuse of process at common law".

Cases Noticed:

R. v. W.K.L., [1991] 1 S.C.R. 1091; [1991] 4 W.W.R. 385; 124 N.R. 146; 64 C.C.C.(3d) 322; 6 C.R.(4th) 1; 4 C.R.R.(2d) 298, appld. [para. 5].

R. v. Hedayat (1992), 133 A.R. 303 (Q.B.), appld. [para. 6].

Counsel:

E. Christopher Archer, for the Crown;

Gregory Clyde Humphreys on his own behalf.

This appeal was heard before Chrumka, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on October 22, 1992.