R. v. Morgan (G.D.I.), (1991) 79 Man.R.(2d) 21 (QB)

• Judge: Monnin, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 20, 1991
• Jurisdiction: Manitoba
• Citations: (1991), 79 Man.R.(2d) 21 (QB)

R. v. Morgan (G.D.I.) (1991), 79 Man.R.(2d) 21 (QB)

MLB headnote and full text

R. (respondent) v. George David Ivan Morgan (applicant)

(Suit No. CR 91-01-10805)

Indexed As: R. v. Morgan (G.D.I.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Monnin, J.

December 20, 1991.

Summary:

The accused was charged with 18 others with various narcotics offences, including conspiracy to traffic. He applied for a stay of proceedings on the ground of delay.

The Manitoba Court of Queen's Bench dismissed the application.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Ac­cused's right to - Within a reasonable time - What constitutes - The accused was arrested on December 3, 1989, with 20 others and was jointly charged with 18 others with various narcotics offences, including conspiracy - Remand until June 1990 for Crown to provide particulars from extensive wiretap evidence - Last reply to resulting queries by the accused on August 7, 1990 - On October 1 the preliminary hearing was set for April 5, 1991, at which time most of the 21 pleaded guilty and the accused was com­mitted for trial - On July 10, 1991, the trial was set for February 3, 1992 - 26 month delay from arrest to trial - Large number of witnesses and counsel involved - The Manitoba Court of Queen's Bench dismissed the accused's application for a stay on the ground of unreasonable delay.

Civil Rights - Topic 3268

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Ac­cused's right to - Time to allege denial - [See Civil Rights - Topic 8585 ].

Civil Rights - Topic 8585

Canadian Charter of Rights and Freedoms - Practice - Time for deciding Charter issues - The Manitoba Court of Queen's Bench considered an application for a stay of proceedings on the ground of unreason­able delay in advance of the trial because of the large number of witnesses scheduled to be called at trial - However, the court stated that normally the matter should be determined by the trial judge at the begin­ning of the trial after proper notice to the Crown - See paragraph 1.

Civil Rights - Topic 8588

Canadian Charter of Rights and Freedoms - Practice - Notice to attorney general - [See Civil Rights - Topic 8585 ].

Cases Noticed:

R. v. Franklin (1991), 49 O.A.C. 296; 66 C.C.C.(3d) 114 (C.A.), appld. [para. 3].

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81; 59 C.C.C.(3d) 449; 79 C.R.(3d) 273; 74 D.L.R.(4th) 355; 49 C.R.R. 1; 75 O.R.(2d) 673, appld. [para. 7].

R. v. Smith (M.H.), [1989] 2 S.C.R. 1120; 102 N.R. 205; 63 Man.R.(2d) 81; 52 C.C.C.(3d) 97; 73 C.R.(3d) 1, consd. [para. 13].

R. v. Harris (No. 2) (1991), 101 N.S.R.(2d) 410; 275 A.P.R. 410, consd. [para. 13].

R. v. Allain (1991), 70 Man.R.(2d) 161 (Q.B.), consd. [para. 13].

R. v. Gitzel (1991), 70 Man.R.(2d) 295 (Q.B.), consd. [para. 13].

R. v. Lane (1991), 13 W.C.B.(2d) 599 (Alta. Prov. Ct.), consd. [para. 13].

R. v. Gagne (1991), 13 W.C.B.(2d) 681 (Ont.), consd. [para. 13].

R. v. Bennett (1991), 46 O.A.C. 99; 64 C.C.C.(3d) 449 (C.A.), appld. [para. 18].

Statutes Noticed:

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

Counsel:

Marley S. Dash, for the Crown;

Jannine LeMere, for the applicant accused.

This case was heard at Winnipeg, Manito­ba, before Monnin, J., of the Manitoba Court of Queen's Bench, who delivered the follow­ing judgment on December 20, 1991.