R. v. Jeyte (J.O.) et al., [2015] A.R. TBEd. NO.058

• Judge: Van Harten, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: November 06, 2015
• Citations: [2015] A.R. TBEd. NO.058;2015 ABPC 232

R. v. Jeyte (J.O.), [2015] A.R. TBEd. NO.058

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. NO.058

Her Majesty the Queen v. Jeyte Osman Jeyte and Hasson Barrington Wilson

(140152018P1; 2015 ABPC 232)

Indexed As: R. v. Jeyte (J.O.) et al.

Alberta Provincial Court

Van Harten, P.C.J.

November 6, 2015.

Summary:

The accused Wilson applied for a judicial stay of proceedings, arguing that his right under ss. 7 and 11(b) of the Charter had been violated. By the time the case was tried, almost 25 months would have elapsed between the date Wilson was originally charged and his trial. Wilson's co-accused Jeyte joined in the application. They sought remedies under ss. 24(1) and 24(2) for a stay or, alternatively, for the exclusion of evidence.

The Alberta Provincial Court allowed the application and entered a judicial stay of proceedings.

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 paragraphs 1 to 16.

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 - See paragraphs 1 to 16.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - See paragraphs 9 to 16.

Counsel:

Adam May, for the Crown;

Andre Ouellette, for Jeyte Osman Jeyte;

Shamsher Kothari, for Hasson Barrington Wilson.

This application was heard by Van Harten, P.C.J., of the Alberta Provincial Court, who delivered the following decision on November 6, 2015.