R. v. Isaacs (J.), (2015) 360 Nfld. & P.E.I.R. 292 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: January 05, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 360 Nfld. & P.E.I.R. 292 (NLPC)

R. v. Isaacs (J.) (2015), 360 Nfld. & P.E.I.R. 292 (NLPC);

    1118 A.P.R. 292

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JA.014

Her Majesty the Queen v. James Isaacs

(Docket: 0814A00127)

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

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

January 14, 2015.

Summary:

The accused was charged with possession of child pornography, and making it available to others. The accused applied pursuant to s. 11(b) of the Charter for a judicial stay of proceedings based on the delay in proceeding.

The Newfoundland and Labrador Provincial Court dismissed the application.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - What constitutes "within a reasonable time" - The accused was arrested on March 6, 2014 - He was charged with possession of child pornography, and making it available to others - Two computers seized by police from the accused's residence sat in the exhibit storage, waiting to be examined, for six months before the examination of the computers began - The entire examination, categorization, report production and disclosure procedure was then completed within 60 days - The accused applied for a stay of proceedings, on the basis that his right to a speedy trial under s. 11(b) of the Charter had been infringed - The Newfoundland and Labrador Provincial Court dismissed the application - The court stated that "The application was done prior to the election [by the accused] as to mode of trial, a legal nullity. The application was also deficient in that it failed to comply with the rules of court, in that it did not include copies of transcripts of prior appearances in court, or an affidavit of the accused. The application was denied. The application was not denied because of the procedural defects. Instead, the application was denied because a delay of 8 months was not a breach of the accused's right to speedy arraignment. This was not the 'clearest of cases', and a stay of proceedings was not justified" - See paragraphs 77 to 79.

Civil Rights - Topic 3267

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Onus on accused - [See Civil Rights - Topic 3265 ].

Criminal Law - Topic 2845

Jurisdiction - Consent jurisdiction - Elections and re-elections - Election by accused - General - The Newfoundland and Labrador Provincial Court held that the accused did not have the right to wait until disclosure had been perfected before being called upon to elect his mode of trial - See paragraph 56.

Cases Noticed:

R. v. Mills, [1986] 1 S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81, refd to. [para. 5].

R. v. Hynes (D.W.), [2001] 3 S.C.R. 623; 278 N.R. 299; 208 Nfld. & P.E.I.R. 181; 624 A.P.R. 181; 2001 SCC 82, refd to. [para. 6].

R. v. Kutynec (1992), 52 O.A.C. 59; 70 C.C.C.(3d) 289 (C.A.), refd to. [para. 8].

R. v. Bernshaw (N.) (1995), 176 N.R. 81; 53 B.C.A.C. 1; 87 W.A.C. 1; 95 C.C.C.(3d) 193 (S.C.C.), refd to. [para. 9].

R. v. Stilwell (C.) (2014), 324 O.A.C. 72; 2014 ONCA 563, consd. [para. 42].

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241; 71 C.C.C.(3d) 1, refd to. [para. 43].

R. v. W.A.E. (2009), 289 Nfld. & P.E.I.R. 214; 890 A.P.R. 214; 2009 CanLII 31442 (N.L. Prov. Ct.), refd to. [para. 45].

R. v. Spencer (M.D.) (2014), 458 N.R. 249; 438 Sask.R. 230; 608 W.A.C. 230; 2014 SCC 43, refd to. [para. 49].

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161, refd to. [para. 54].

R. v. Godin (M.), [2009] 2 S.C.R. 3; 389 N.R. 1; 252 O.A.C. 377; 2009 SCC 26, refd to. [para. 58].

R. v. Cheng (Y.C.), [2010] Nfld. & P.E.I.R. Uned. 16; 2010 NLCA 27, refd to. [para. 59].

R. v. Allen (H.D.) (1996), 92 O.A.C. 345; 110 C.C.C.(3d) 331 (C.A.), refd to. [para. 61].

R. v. Cody (J.) (2014), 359 Nfld. & P.E.I.R. 123; 1117 A.P.R. 123; 2014 NLTD(G) 161, refd to. [para. 65].

R. v. Qureshi (F.) et al. (2004), 192 O.A.C. 50; 190 C.C.C.(3d) 453 (C.A.), refd to. [para. 70].

R. v. A.D.G. (2001), 192 N.S.R.(2d) 102; 599 A.P.R. 102; 2001 NSCA 28, refd to. [para. 72].

R. v. O'Connor (H.P.), [1995] 4 S.C.R. 411; 191 N.R. 1; 68 B.C.A.C. 1; 112 W.A.C. 1, refd to. [para. 74].

R. v. Reid (B.W.) (1999), 171 Nfld. & P.E.I.R. 143; 525 A.P.R. 143 (Nfld. C.A.), refd to. [para. 74].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b) [para. 1].

Criminal Code, R.S.C. 1985, c. C-46, sect. 565(1)(c) [para. 3]

Counsel:

A. Manning, for the Crown;

M. Evans, Q.C., for the applicant.

This application was heard on January 5, 2015, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following decision on January 14, 2015.