R. v. McClanaghan, (1982) 42 N.B.R.(2d) 218 (PC)
Judge | Rice, J. |
Court | Provincial Court of New Brunswick (Canada) |
Case Date | August 30, 1982 |
Jurisdiction | New 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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