R. v. Post, (1986) 48 Sask.R. 301 (ProvCt)

• Judge: Neville, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 27, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 48 Sask.R. 301 (ProvCt)

R. v. Post (1986), 48 Sask.R. 301 (ProvCt)

MLB headnote and full text

R. v. Post

Indexed As: R. v. Post

Saskatchewan Provincial Court

Neville, P.C.J.

January 27, 1986.

Summary:

An accused was charged with four counts of making false statements respecting a claim for unemployment insurance benefits, contrary to s. 121(1)(a) of the Unemployment Insurance Act.

The Saskatchewan Provincial Court convicted the accused.

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 Saskatchewan Provincial Court held that pre-charge delay should not be considered in determining whether an accused's right to be tried within a reasonable time in s. 11(b) of the Charter was denied - See paragraphs 7 to 8.

Civil Rights - Topic 3265

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - "Within a reasonable time" - What constitutes - Between the date the accused was served with a summons and the date of his trial was a period of 6.5 months - During this time, two of the three adjournments were at his request and he was resummoned once to permit him to consult counsel - The Saskatchewan Provincial Court held that the delay was reasonable - See paragraph 8.

Civil Rights - Topic 8545

Canadian Charter of Rights and Freedoms - Interpretation - Charged with an offence - The Saskatchewan Provincial Court held that the words "charged with an offence" mean the same in s. 11(b) of the Charter as they do in s. 11(a) - See paragraph 7.

Cases Noticed:

R. v. Dahlem (1983), 26 Sask.R. 36; 33 C.R.(3d) 345, overruled [para. 7].

R. v. Boron (1983), 36 C.R.(3d) 329 (Ont. S.C.), refd to. [para. 7].

R. v. Heit (1984), 31 Sask.R. 126, refd to. [para. 7].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(a) [para. 7]; sect. 11(b) [para. 2, 7-8]; sect. 24 [para. 2].

Counsel:

D. Kohlenberg, for the Crown;

B. Campbell, for the accused.

This charge was heard before Neville, P.C.J., of the Saskatchewan Provincial Court, whose decision was delivered at Weyburn, Saskatchewan, on January 27, 1986.