R. v. Maritime Oil Services Ltd. et al., (1995) 145 N.S.R.(2d) 106 (ProvCt)

• Judge: Curran, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: July 28, 1995
• Jurisdiction: Nova Scotia
• Citations: (1995), 145 N.S.R.(2d) 106 (ProvCt)

R. v. Maritime Oil (1995), 145 N.S.R.(2d) 106 (ProvCt);

  418 A.P.R. 106

MLB headnote and full text

Her Majesty The Queen v. Maritime Oil Services Limited, Nova Environmental Systems Incorporated, Carl Milligan, Steve Milligan, Grant A. Milligan, Ronald G. Stoddart

Indexed As: R. v. Maritime Oil Services Ltd. et al.

Nova Scotia Provincial Court

Curran, P.C.J.

July 28, 1995.

Summary:

The defendants were charged with offences alleged to have been committed on June 24, 1994, contrary to the Environmental Protec­tion Act and the Dangerous Goods and Hazardous Wastes Management Act. The charges were laid on September 14, 1994. The trial was rescheduled for August 28, 29 and 31, 1995. The defendants sought a stay of proceedings under s. 24(1) of the Charter because of unreasonable delay.

The Nova Scotia Provincial Court held that the delay was not unreasonable and dis­missed the application.

Civil Rights - Topic 3261

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Ac­cused's right to - General - The Nova Scotia Provincial Court stated that there was no general rule that the acceptable delay for provincial offences was shorter than for criminal offences - See paragraph 12.

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 defendants were charged with offences allegedly committed on June 24, 1994, contrary to the Environ­mental Protection Act and the Dangerous Goods and Hazardous Wastes Management Act - The charges were laid on September 14, 1994 - Because of a judge's confer­ence and the priority given to the trial of a person detained in custody, the defendants' trial was rescheduled for August 28, 29 and 31, 1995 - The defen­dants sought a stay of proceedings under the Charter, s. 24(1) because of unreason­able delay - The Nova Scotia Provincial Court dismissed the application where there was no evi­dence that the delay had any prejudicial effect and the delay was not unreasonable.

Cases Noticed:

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241; 71 C.C.C.(3d) 1, consd. [para. 9].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b) [para. 9].

Counsel:

Christopher Morris and Gregory Lenehan, for the prosecu­tion;

John MacPherson, for the defence.

This application was heard at Bedford, Nova Scotia, before Curran, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on July 28, 1995.