R. v. Sproule, (1989) 94 N.S.R.(2d) 211 (ProvCt)

• Judge: Curran, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 24, 1989
• Jurisdiction: Nova Scotia
• Citations: (1989), 94 N.S.R.(2d) 211 (ProvCt)

R. v. Sproule (1989), 94 N.S.R.(2d) 211 (ProvCt);

    247 A.P.R. 211

MLB headnote and full text

R. v. Wesley Sproule

Indexed As: R. v. Sproule

Nova Scotia Provincial Court

Curran, P.C.J.

November 24, 1989.

Summary:

The accused was charged under s. 87 of the Atlantic Fishery Regulations in June 1988 and under s. 33 in August 1988. The proceedings were adjourned with consent several times. After trial of the s. 33 charge, but before trial of the s. 87 charge was scheduled, the trial judge resigned in June 1989 before decision. The accused applied for relief under s. 24(1) of the Charter on the ground of unreasonable delay.

The Nova Scotia Provincial Court held that the s. 87 charge should be stayed for unreasonable delay, but that the trial judge's resignation and the need for retrial of the s. 33 charge did not result in unreasonable delay. The court stayed only the s. 87 charge.

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 charged under s. 87 of the Atlantic Fishery Regulations in June 1988 and under s. 33 in August 1988 - The proceedings were adjourned with consent several times - After trial of the s. 33 charge, but before trial of the s. 87 charge was scheduled, the trial judge resigned in June 1989 before decision - The accused applied for relief under s. 24(1) of the Charter on the ground of unreasonable delay - The Nova Scotia Provincial Court held that the s. 87 charge should be stayed for unreasonable delay, but that the trial judge's resignation and the need for retrial of the s. 33 charge did not result in unreasonable delay - The court stayed only the s. 87 charge.

Civil Rights - Topic 8363

Canadian Charter of Rights and Freedoms - Denial of rights - Jurisdiction - Court of competent jurisdiction - The Nova Scotia Provincial Court held that it was a court of competent jurisdiction within the meaning of s. 24(1) of the Charter for the purpose of hearing an accused's application for relief for unreasonable delay of his trial, whether or not the application was to the judge who would ultimately try him - See paragraphs 16 to 20.

Civil Rights - Topic 8374

Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - [See Civil Rights - Topic 3265 above].

Criminal Law - Topic 2948

Jurisdiction - Loss or suspension of jurisdiction - Adjournments - The Nova Scotia Provincial Court opined that jurisdiction was lost over a charge which was adjourned without delay and without any action being taken - See paragraph 23.

Cases Noticed:

R. v. Delaney (1989), 89 N.S.R.(2d) 253; 227 A.P.R. 253, consd. [para. 16].

R. v. Fogarty (1988), 87 N.S.R.(2d) 422; 222 A.P.R. 422, consd. [para. 17].

R. v. Rahey, [1987] 1 S.C.R. 588; 75 N.R. 81; 78 N.S.R.(2d) 183; 193 A.P.R. 183; 33 C.C.C.(3d) 289; 57 C.R.(3d) 289, consd. [para. 18].

R. v. Mills, [1986] S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81; 52 C.R.(3d) 1; 26 C.C.C.(3d) 481; 29 D.L.R.(4th) 161, consd. [para. 21].

R. v. Krannenburg, [1980] 1 S.C.R. 1053; 31 N.R. 206; 51 C.C.C.(2d) 205, consd. [para. 23].

R. v. Pearson (1982), 66 C.C.C.(2d) 485 (Que. C.A.), refd to. [para. 24].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b), sect. 24(1).

Criminal Code, R.S.C. 1985, c. C-46, sect. 803(1) [para. 24].

Authors and Works Noticed:

Ewaschuk, Criminal Pleadings and Practice in Canada (2nd Ed.), para. 1:7080 [para. 24].

Counsel:

H.A. MacIsaac, for the Crown;

S.C. Hood, Q.C., for the accused.

This case was heard at Antigonish, Nova Scotia, before Curran, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on November 24, 1989: