R. v. MacDonald (I.L.), (1989) 94 N.S.R.(2d) 220 (ProvCt)

• Judge: Niedermayer, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 24, 1989
• Jurisdiction: Nova Scotia
• Citations: (1989), 94 N.S.R.(2d) 220 (ProvCt)

R. v. MacDonald (I.L.) (1989), 94 N.S.R.(2d) 220 (ProvCt);

    247 A.P.R. 220

MLB headnote and full text

R. v. Ian Layton MacDonald

Indexed As: R. v. MacDonald (I.L.)

Nova Scotia Provincial Court

Niedermayer, P.C.J.

December 14, 1989.

Summary:

The accused, who was already imprisoned on other charges, failed to appear for trial, because no order for his attendance was obtained under s. 527 of the Criminal Code. The Crown applied for an adjournment, but the accused applied for a dismissal of the charges.

The Nova Scotia Provincial Court denied the Crown's motion and allowed the accused's motion for dismissal. The court held that it was the Crown's responsibility to obtain an order for the accused's attendance and dismissed the charges for want of prosecution.

Civil Rights - Topic 3264

Trials, due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Denial of right - [See Criminal Law - Topic 3267 below].

Civil Rights - Topic 8369

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Dismissal of charge - [See Criminal Law - Topic 3267 below].

Criminal Law - Topic 3267

Compelling appearance, detention and release - Appearance - When accused imprisoned - The Nova Scotia Provincial Court held that where an accused is scheduled to appear in court, but is already imprisoned, the Crown is required to obtain an order under s. 527 of the Criminal Code for his appearance - The court dismissed the charges against an accused for want of prosecution, where the Crown failed to obtain an order for his appearance, notwithstanding written notice by the accused's lawyer that he was imprisoned and an order was required - The court stated that the accused's right to trial within a reasonable time under s. 11(b) of the Charter was violated.

Criminal Law - Topic 4487

Procedure - Trials - Attendance of accused - Where accused imprisoned - [See Criminal Law - Topic 3267 above].

Criminal Law - Topic 4562

Procedure - Trials - Motion for dismissal for want of prosecution - [See Criminal Law - Topic 3267 above].

Cases Noticed:

Re Hartmann and R. (1986), 30 C.C.C.(3d) 286 (Ont. H.C.), dist. [para. 16].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7, sect. 11(b) [para. 17].

Criminal Code, R.S.C. 1985, c. C-46, sect. 512(1) [para. 16]; sect. 527(1) [para. 10]; sect. 527(2) [para. 11].

Counsel:

Michael LeBlanc, for the Crown;

Cameron MacKinnon, for the accused.

This case was heard on November 24, 1989, at Halifax, Nova Scotia, before Niedermayer, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on December 14, 1989: