R. v. Kerri (P.), (2015) 365 Nfld. & P.E.I.R. 57 (NLTD(G))

• Judge: Thompson, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 12, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 365 Nfld. & P.E.I.R. 57 (NLTD(G))

R. v. Kerri (P.) (2015), 365 Nfld. & P.E.I.R. 57 (NLTD(G));

    1138 A.P.R. 57

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. AP.013

Her Majesty The Queen v. Phillip Kerri

(201401G0011; 2015 NLTD(G) 45)

Indexed As: R. v. Kerri (P.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Thompson, J.

March 12, 2015.

Summary:

The accused was charged with conspiracy to traffic in marijuana, possession of the proceeds of crime, and money laundering. The accused applied under s. 24(1) of the Charter for a stay of proceedings on the ground that his s. 11(b) Charter right to be tried within a reasonable time was infringed due to a delay of approximately two years over the suggested guideline for getting to trial.

The Newfoundland and Labrador Supreme Court, Trial Division (General), held that excessive delay caused by disclosure issues and the late filing of an expert report infringed the accused's right to be tried within a reasonable time. The court granted a 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" - The accused was arrested in May 2012 and charged with conspiracy to traffic in marijuana, possession of the proceeds of crime, and money laundering - His first appearance was June 2012 - In January 2013, the accused elected trial by judge and jury - The preliminary inquiry started in July 2013 and completed in November 2013, the accused was committed to stand trial - In January 2014, the accused appeared in court - The transcript of the preliminary inquiry was filed in May 2014 - A co-accused applied for severance, which was heard in October 2014 and granted in November 2014 - The accused's trial was scheduled for March 2015 - In early March, pre-trial applications and the trial were rescheduled for September and October 2015 respectively - The time from arrest to the end of trial was 3.5 years, being 18.5 months from arrest to committal and almost 23 months from committal to the scheduled completion of the trial - The Newfoundland and Labrador Supreme Court, Trial Division (General), held that excessive delay caused by late and incomplete disclosure and the late filing of an expert report infringed the accused's right to be tried within a reasonable time - The court granted a stay of proceedings - The almost two year delay was attributable to the Crown and was unacceptable in this non-complex case - The accused diligently pursued disclosure - There was inferred and actual prejudice to the accused.

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 Civil Rights - Topic 3265 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3265 ].

Cases Noticed:

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81; 75 O.R.(2d) 673, refd to. [para. 3].

R. v. Biles (B.W.) (2009), 285 Nfld. & P.E.I.R. 302; 879 A.P.R. 302; 2009 NLTD 59, refd to. [para. 12].

R. v. Taylor (B.) et al. (2009), 284 Nfld. & P.E.I.R. 178; 875 A.P.R. 178; 2009 NLTD 25, refd to. [para. 12].

R. v. Reid (B.W.) (1999), 171 Nfld. & P.E.I.R. 143; 525 A.P.R. 143; 41 W.C.B.(2d) 362 (Nfld. C.A.), refd to. [para. 13].

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241, refd to. [para. 73].

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; 103 C.C.C.(3d) 1, refd to. [para. 113].

R. v. Cody (J.) (2014), 359 Nfld. & P.E.I.R. 123; 1117 A.P.R. 123; 2014 NLTD(G) 161, refd to. [para. 122].

R. v. Decaro (M.) (2013), 342 Nfld. & P.E.I.R. 241; 1064 A.P.R. 241; 2013 NLTD(G) 145, refd to. [para. 123].

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. 124].

R. v. Taylor (B.) (2010), 297 Nfld. & P.E.I.R. 1; 918 A.P.R. 1; 2010 NLCA 26, refd to. [para. 149].

R. v. Pidskalny (W.P.) (2013), 417 Sask.R. 124; 580 W.A.C. 124; 2013 SKCA 74, refd to. [para. 150].

Counsel:

Trevor Bridger, for the Crown;

Erin Breen, for the accused.

This application was heard on March 9-10, 2015, at St. John's, N.L., before Thompson, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment orally on March 12, 2015.