R. v. McClanaghan, (1982) 42 N.B.R.(2d) 218 (PC)

JudgeRice, J.
CourtProvincial Court of New Brunswick (Canada)
Case DateAugust 30, 1982
JurisdictionNew Brunswick
Citations(1982), 42 N.B.R.(2d) 218 (PC)

R. v. McClanaghan (1982), 42 N.B.R.(2d) 218 (PC);

    42 R.N.-B.(2e) 218; 110 A.P.R. 218

MLB headnote and full text

Sommaire et texte intégral

R. v. McClanaghan

Indexed As: R. v. McClanaghan

Répertorié: R. v. McClanaghan

New Brunswick Provincial Court

County of Charlotte

Rice, J.

August 30, 1982.

Summary:

Résumé:

The accused was charged with break and enter. The accused applied to quash the charge because he was not tried within a reasonable time as required by s. 11(b) of the Canadian Charter of Rights and Freedoms, 1982.

The New Brunswick Provincial Court granted the application and quashed the charge.

Civil Rights - Topic 3265

Speedy trial - Accused's right - What constitutes "within a reasonable time" - The accused was charged on July 5, 1979, respecting a matter which occurred on September 1, 1978 - On June 16, 1982, the accused applied to quash the charge because he was not tried within a reasonable time as required by s. 11(b) of the Canadian Charter of Rights and Freedoms, 1982 - The New Brunswick Provincial Court granted the application and quashed the charge.

Civil Rights - Topic 8506

Canadian Charter of Rights and Freedoms, 1982 - Enforcement procedure - The New Brunswick Provincial Court referred to the proper method of making an application for enforcement of the Charter under s. 24 of the Canadian Charter of Rights and Freedoms, 1982 (see paragraph 8).

Civil Rights - Topic 8304

Canadian Charter of Rights and Freedoms, 1982 - Application of - An accused applied to quash the charge against him on the ground that he was not tried within a reasonable time as required by the Charter - The New Brunswick Provincial Court held that it was entitled to consider facts prior to the commencement date of the Charter in determining whether the accused was tried within a reasonable time (see paragraph 13).

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b).

Counsel:

[None disclosed.]

This application was heard by RICE, J., of the New Brunswick Provincial Court. The judgment of RICE, J., was delivered

orally at St. Stephen, New Brunswick, on August 30, 1982:

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