R. v. Miller, (1983) 46 A.R. 380 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 11, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 46 A.R. 380 (NWTSC)

R. v. Miller (1983), 46 A.R. 380 (NWTSC)

MLB headnote and full text

R. v. Miller

(No. 2608)

Indexed As: R. v. Miller

Northwest Territories Supreme Court

de Weerdt, J.

August 5, 1983.

Summary:

An accused was charged with trafficking in a narcotic, contrary to the Narcotic Control Act. The trial date was set for 17 months after the charge was laid. The accused applied for a stay of proceedings, submitting that his right to be tried within a reasonable time under s. 11(b) of the Charter of Rights and Freedoms had been denied. The Northwest Territories Supreme Court dismissed the application.

Civil Rights - Topic 3265

Trials - Speedy trial - Accused's right to - What constitutes "within a reasonable time" - An accused was to be tried 17 months after a charge for trafficking in a narcotic was laid - The delay was caused by a backlog of cases in the courts, which required the hearing of older and more serious cases first - The accused was not in custody and did not complain of the delay - The Northwest Territories Supreme Court, held that the accused's right to be tried within a reasonable time under s. 11(b) of the Charter of Rights and Freedoms had not been denied - See paragraphs 9 to 16.

Civil Rights - Topic 3265

Trials - Speedy trial - Accused's right to - What constitutes "within a reasonable time" - The Northwest Territories Supreme Court referred to the factors to be considered in determining whether an accused's right to be tried within a reasonable time under s. 11(b) of the Charter of Rights and Freedoms had been infringed - See paragraph 9.

Cases Noticed:

R. v. Panarctic Oil Ltd. (1982), 38 A.R. 447; 141 D.L.R.(3d) 138; 69 C.C.C.(2d) 393; 2 C.R.R. 358, appld. [para. 5].

R. v. Park, [1981] 2 S.C.R. 64; 37 N.R. 501; 59 C.C.C.(2d) 253; 21 C.R.(3d) 182; 122 D.L.R.(3d) 1, refd to. [para. 12].

Authors and Works Noticed:

Blackstone's Commentaries on the Laws of England, vol. 4, p. 266 [para. 14].

Counsel:

John Z. Vertes, for the applicant;

John R. Shipley, for the respondent.

This case was heard on July 11, 1983, at Yellowknife, Northwest Territories, before de Weerdt, J., of the Northwest Territories Supreme Court, who delivered the following judgment on August 5, 1983.