R. v. J.J.L. and F.G., (1991) 114 A.R. 272 (ProvCt)

• Judge: Russell, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 25, 1991
• Citations: (1991), 114 A.R. 272 (ProvCt)

R. v. J.J.L. (1991), 114 A.R. 272 (ProvCt)

MLB headnote and full text

Her Majesty The Queen (respondent) v. J.J.L. and F.G. (applicants)

Indexed As: R. v. J.J.L. and F.G.

Alberta Provincial Court

Youth Division

Russell, P.C.J.

February 25, 1991.

Summary:

Two youths charged with attempted theft applied under s. 24 of the Charter of Rights and Freedoms for a stay of proceedings on the ground that their right to be tried within a reasonable time (Charter, s. 11(b)) had been denied.

The Alberta Provincial Court, Youth Division, dismissed the application.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - "Within a reasonable time" - What constitutes - Youths charged on September 1, 1990 were in police custody on their trial date (October 9, 1990) - A "judge's order" (Criminal Code, s. 527) was granted to order their expeditious delivery to the court - The youths did not appear that day and the order was undelivered because of failure of the administrative system in place - The trial was adjourned to March 13, 1991, 6.5 months after the charge - The Alberta Provincial Court, Youth Division, stated that the youths' right to be tried within a reasonable time (Charter, s. 11(b)) was not denied - The delay was not excessive, there was no Crown misconduct and no special prejudice to the youths.

Cases Noticed:

R. v. Cardinal (1985), 60 A.R. 156; 21 C.C.C.(3d) 285 (C.A.), refd to. [para. 11].

R. v. Askov, Hussey, Melo and Gugliotta (1990), 113 N.R. 241; 42 O.A.C. 81 (S.C.C.), consd. [para. 11].

R. v. Conway (1989), 96 N.R. 241; 34 O.A.C. 165; 49 C.C.C.(3d) 89 (S.C.C.), refd to. [para. 15].

R. v. MacDonald (1989), 94 N.S.R.(2d) 220; 247 A.P.R. 220 (F.C.), refd to. [para. 30].

R. v. K.W. (1991), 113 A.R. 157 (P.C.), agreed with [para. 34].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b), sect. 24.

Criminal Code, R.S.C. 1985, c. C-46, sect. 527 [para. 1].

Counsel:

Angus Boyd, for J.L.L.;

Travis Huckell, for F.G.;

Andrew Fong, for the Crown.

This application was heard before Russell, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on February 25, 1991.