R. v. J.R.L., (2015) 457 Sask.R. 284 (CA)

JudgeJackson, Herauf and Whitmore, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateFebruary 20, 2015
JurisdictionSaskatchewan
Citations(2015), 457 Sask.R. 284 (CA);2015 SKCA 53

R. v. J.R.L. (2015), 457 Sask.R. 284 (CA);

    632 W.A.C. 284

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MY.044

Her Majesty the Queen (appellant) v. J.R.L. (respondent)

(CACR2426; 2015 SKCA 53)

Indexed As: R. v. J.R.L.

Saskatchewan Court of Appeal

Jackson, Herauf and Whitmore, JJ.A.

May 15, 2015.

Summary:

The accused was charged that on or about January 31, 2010, she abducted her child, contrary to s. 283(1) of the Criminal Code. The Information was affirmed in January 2011 and the Crown elected to proceed summarily in November 2011. The accused applied pursuant to s. 786(2) to quash the Information, arguing that the proceedings had been instituted more than six months after the alleged offence and she had not consented to proceeding summarily. The Crown applied to amend the Information in order to bring it within the s. 786(2) limitation period.

The Saskatchewan Provincial Court, in a decision reported at (2013), 416 Sask.R. 293, allowed the accused's application and declared a mistrial. The Crown was granted leave to request an election to proceed by way of indictment, which it did in April 2013. In October 2013, the accused applied for a stay of proceedings on the basis that her s. 11(b) Charter right to be tried within a reasonable time had been denied. The application was heard in March 2014.

The Saskatchewan Court of Queen's Bench allowed the application and ordered a stay of proceedings. The Crown appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - What constitutes "within a reasonable time" - [See Civil Rights - Topic 3270 ].

Civil Rights - Topic 3270

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Evidence of prejudice and causes of delay - JRL was charged with child abduction in January 2011 - Her trial was scheduled for May 2014 - The trial judge granted a stay of proceedings, finding that JRL's s. 11(b) Charter right to be tried within a reasonable time had been denied - The Saskatchewan Court of Appeal dismissed the Crown's appeal - JRL expressly waived 5.75 months of delay because her counsel had consented to a trial date in May 2014 - 8.75 months was inherent delay due to JRL's attempts to retain counsel, and because she attempted to enter an invalid guilty plea and the trial judge felt compelled to adjourn to allow JRL to explore s. 606 of the Criminal Code - JRL was responsible for 6.75 months of delay (January to August 2011) because she refused to return to Canada from Mexico - The RCMP and the Crown were reasonably diligent in attempting to have JRL return of her own accord and were not required to immediately undertake extradition proceedings - 6.25 months was attributable to the Crown because of its error in initially proceeding summarily, without JRL's consent, when the offence was alleged to have occurred more than six months earlier - The remaining 11.75 months was institutional delay - JRL was prejudiced by the delay, as the charges resulted in restricted access to her child - She had also been subject to restrictive bail conditions for far longer than the conditional sentence sought by the Crown would have been imposed - JRL's Charter rights outweighed the societal interest in prosecuting the case against her.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3270 ].

Cases Noticed:

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241, refd to. [para. 18].

R. v. Pidskalny (W.P.) (2013), 417 Sask.R. 124; 580 W.A.C. 124; 2013 SKCA 74, refd to. [para. 35].

R. v. Richards (E.) (2013), 405 Sask.R. 127; 563 W.A.C. 127; 2012 SKCA 120, refd to. [para. 39].

R. v. Brassard (S.), [1993] 4 S.C.R. 287; 160 N.R. 247; 58 Q.A.C. 261, refd to. [para. 40].

R. v. MacDougall (P.A.), [1998] 3 S.C.R. 45; 231 N.R. 147; 168 Nfld. & P.E.I.R. 83; 517 A.P.R. 8, refd to. [para. 46].

R. v. Singleton (M.K.) (2014), 357 B.C.A.C. 67; 611 W.A.C. 67; 2014 BCCA 232, refd to. [para. 57].

R. v. MacIntosh (E.F.) (2011), 310 N.S.R.(2d) 274; 983 A.P.R. 274; 359 D.L.R.(4th) 594; 2011 NSCA 111, affd. [2013] 2 S.C.R. 200; 443 N.R. 32; 329 N.S.R.(2d) 395; 1042 A.P.R. 395; 2013 SCC 23, refd to. [para. 57].

R. v. Terk, 2011 QCCA 390, refd to. [para. 57].

Counsel:

Erin Schroh, for the appellant;

J.R.L., on her own behalf.

This appeal was heard on February 20, 2015, before Jackson, Herauf and Whitmore, JJ.A., of the Saskatchewan Court of Appeal. Whitmore, J.A., delivered the following judgment and written reasons for the court on May 15, 2015.

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5 practice notes
  • R. v. Boutin (D.), 2015 CRIM 111
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 4 Marzo 2016
    ...in either direction from the normally tolerated period of delay may be justified by the presence or absence of prejudice: R v Lee , 2015 SKCA 53 at para 71, 457 Sask R 284 [ Lee ]. [43] In Pidskalny , Caldwell J.A. described the proper approach to the consideration of prejudice at para. 41:......
  • R. v. Kreklewich (B.), 2014 QBC 20
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 27 Junio 2016
    ...accused, in the absence of evidence that the consent amounts to acquiescence to the inevitable: R v Brassard , [1993] 4 SCR 287; R v Lee , 2015 SKCA 53, 323 CCC (3d) 313 [ Lee ]. But the notion of waiver contemplates that a choice has been made between available options. Where no real choic......
  • BAILEY v. R.,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 25 Abril 2019
    ...may be considered a waiver of delay in the absence of evidence that such consent amounts to acquiescing in the inevitable: R v Lee, 2015 SKCA 53, 323 CCC (3d) 313. But, where no real choice or option exists, there can be no waiver: Askov. Where waiver is not express, the Crown bears the bur......
  • R. v. Scott (L.D.), 2015 SKCA 144
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 9 Septiembre 2015
    ...A.P.R. 395; 2013 SCC 23, refd to. [para. 34]. R. v. Ralph (A.) (2014), 313 O.A.C. 384; 2014 ONCA 3, consd. [para. 35]. R. v. J.R.L. (2015), 457 Sask.R. 284; 632 W.A.C. 284; 2015 SKCA 53, refd to. [para. R. v. Wilson (S.R.G.), [2014] 2 W.W.R. 26; 427 Sask.R. 63; 591 W.A.C. 63; 2013 SKCA 128,......
  • Request a trial to view additional results
5 cases
  • R. v. Boutin (D.), 2015 CRIM 111
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 4 Marzo 2016
    ...in either direction from the normally tolerated period of delay may be justified by the presence or absence of prejudice: R v Lee , 2015 SKCA 53 at para 71, 457 Sask R 284 [ Lee ]. [43] In Pidskalny , Caldwell J.A. described the proper approach to the consideration of prejudice at para. 41:......
  • R. v. Kreklewich (B.), 2014 QBC 20
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 27 Junio 2016
    ...accused, in the absence of evidence that the consent amounts to acquiescence to the inevitable: R v Brassard , [1993] 4 SCR 287; R v Lee , 2015 SKCA 53, 323 CCC (3d) 313 [ Lee ]. But the notion of waiver contemplates that a choice has been made between available options. Where no real choic......
  • BAILEY v. R.,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 25 Abril 2019
    ...may be considered a waiver of delay in the absence of evidence that such consent amounts to acquiescing in the inevitable: R v Lee, 2015 SKCA 53, 323 CCC (3d) 313. But, where no real choice or option exists, there can be no waiver: Askov. Where waiver is not express, the Crown bears the bur......
  • R. v. Scott (L.D.), 2015 SKCA 144
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • 9 Septiembre 2015
    ...A.P.R. 395; 2013 SCC 23, refd to. [para. 34]. R. v. Ralph (A.) (2014), 313 O.A.C. 384; 2014 ONCA 3, consd. [para. 35]. R. v. J.R.L. (2015), 457 Sask.R. 284; 632 W.A.C. 284; 2015 SKCA 53, refd to. [para. R. v. Wilson (S.R.G.), [2014] 2 W.W.R. 26; 427 Sask.R. 63; 591 W.A.C. 63; 2013 SKCA 128,......
  • Request a trial to view additional results

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