R. v. Reddick (J.N.), 2010 NSPC 56

• Judge: Atwood, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: September 09, 2010
• Jurisdiction: Nova Scotia
• Citations: 2010 NSPC 56;(2010), 295 N.S.R.(2d) 16 (PC)

R. v. Reddick (J.N.) (2010), 295 N.S.R.(2d) 16 (PC);

    935 A.P.R. 16

MLB headnote and full text

Temp. Cite: [2010] N.S.R.(2d) TBEd. SE.030

Her Majesty the Queen (informant) v. Joseph Nolan Reddick (accused)

(2175910; 2175911; 2175912; 2010 NSPC 56)

Indexed As: R. v. Reddick (J.N.)

Nova Scotia Provincial Court

Atwood, P.C.J.

September 10, 2010.

Summary:

The accused was charged with three summary conviction offences. He had recently begun serving a sentence in a federal penitentiary for unrelated matters. The Crown failed to obtain a prisoner transport order (Criminal Code, s. 527) in time to ensure the accused's attendance in court for his trial. The Crown sought an adjournment. The accused opposed the application and sought a stay of proceedings for an abuse of process (Charter, s. 7).

The Nova Scotia Provincial Court refused the adjournment. The court found that the accused's s. 7 rights were violated and stayed the proceedings.

Civil Rights - Topic 3110

Trials - Due process, fundamental justice and fair hearings - General principles and definitions - Due process - General - [See Criminal Law - Topic 4485 ].

Civil Rights - Topic 3137

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to be present at trial - [See Criminal Law - Topic 4485 ].

Civil Rights - Topic 3157.4

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Abuse of process - [See Criminal Law - Topic 4485 ].

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Criminal Law - Topic 4485 ].

Criminal Law - Topic 127

General principles - Rights of accused - Right to be present at trial - [See Criminal Law - Topic 4485 ].

Criminal Law - Topic 253

General principles - Abuse of process - What constitutes - [See Criminal Law - Topic 4485 ].

Criminal Law - Topic 4485

Procedure - Trial - Adjournments - The accused was charged with three summary conviction offences - He had recently begun serving a sentence in a federal penitentiary for unrelated matters - The Crown failed to obtain a prisoner transport order (Criminal Code, s. 527) in time to ensure the accused's attendance in court for his trial - The Crown sought an adjournment - The accused opposed the application and sought a stay of proceedings - The Nova Scotia Provincial Court held that it was well known that federal corrections authorities typically required 14 to 16 days' notice to allow for the timely transportation of federal inmates to judicial centers where their attendance was required under s. 527 orders - Sheriffs performed "runs" on Tuesdays and Fridays only - No satisfactory explanation was provided by the Crown - It either knew or ought to have known that it would be necessary, on an expeditious basis, to obtain a prisoner transport order to ensure the accused's attendance in court for the scheduled date - The court rejected the Crown's argument that Sheriff Services had flouted the s. 527 order - They were following a longstanding and well-known transportation policy respecting federal inmates - The court refused the adjournment request and held that it would constitute an abuse of process to proceed with the trial in the accused's absence and would violate the accused's rights to due process (Charter, s. 7) - The court held that this was one of those "clearest of cases" where the appropriate remedy was a stay of proceedings.

Criminal Law - Topic 4487

Procedure - Trial - Attendance of accused - [See Criminal Law - Topic 4485 ].

Cases Noticed:

R. v. MacDonald (I.L.) (1989), 94 N.S.R.(2d) 220; 247 A.P.R. 220 (Prov. Ct.), appld. [para. 8].

R. v. Fuhrer (M.R.) (2007), 413 A.R. 385 (Q.B.), appld. [para. 8].

Counsel:

William Gorman, for the Crown;

Douglas Lloy, for the defence.

These applications were heard at New Glasgow, N.S., on September 9, 2010, before Atwood, P.C.J., of the Nova Scotia Provincial Court, who released the following decision orally on September 10, 2010 and released the decision on September 27, 2010.