R. v. Stone, (1983) 44 Nfld. & P.E.I.R. 63 (NFPC)

• Judge: Seabright, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: April 29, 1983
• Jurisdiction: Newfoundland and Labrador
• Citations: (1983), 44 Nfld. & P.E.I.R. 63 (NFPC)

R. v. Stone (1983), 44 Nfld. & P.E.I.R. 63 (NFPC);

    130 A.P.R. 63

MLB headnote and full text

R. v. Stone

Indexed As: R. v. Stone

Newfoundland Provincial Court

Seabright, P.C.J.

April 29, 1983.

Summary:

The accused was charged with two counts under the Narcotic Control Act, namely, possession of marijuana for the purpose of trafficking contrary to s. 4(2) and possession of marijuana contrary to s. 3(2)(b). The accused's defence was that his right to be tried within a reasonable time as guaranteed in s. 11(b) of the Canadian Charter of Rights and Freedoms was violated. The accused was arrested in August 1981 and not brought to trial until April 1983.

The Newfoundland Provincial Court held that the accused's right was not violated with respect to the charge under s. 4(2), but dismissed the charge under s. 3(2)(b).

Civil Rights - Topic 3265

Trial, due process and fair hearings - Speedy trial - Accused's right to - Within a reasonable time - What constitutes - An information was laid on August 19, 1981 - The matter finally came to trial on April 27, 1983 - The Newfoundland Provincial Court held that in the absence of clear reasons for the cause of the delay, there was an unreasonable delay and the accused's right to be tried within a reasonable time in s. 11(b) of the Canadian Charter of Rights and Freedoms was violated - See paragraphs 8 to 9.

Civil Rights - Topic 3265

Trials, due process and fair hearings - Speedy trial - Accused's right to - Within a reasonable time - What constitutes - An information was laid on August 12, 1981 - The final date for trial was April 27, 1983 - Delays were caused by counsel for both the Crown and the accused, the availability of court time, a procedural argument under s. 10(1) of the Constitution Act instigated by the Crown, and by a justifiable stay of proceedings because of the absence of an important Crown witness - The Crown eventually had to issue a warrant for the witness's arrest - The Newfoundland Provincial Court held that the accused's right to be tried within a reasonable time, as guaranteed in s. 11(b) of the Canadian Charter of Rights and Freedoms, was not violated - See paragraphs 5 to 7.

Civil Rights - Topic 3265

Trials, due process and fair hearings - Speedy trial - Accused's right to - Within a reasonable time - What constitutes - Acting under s. 508(1) of the Criminal Code of Canada, the Crown stayed proceedings on two charges under the Narcotic Control Act, because an important Crown witness could not be found - The Newfoundland Provincial Court held that in the circumstances the stay under s. 508(1) did not contravene the accused's right to be tried within a reasonable time, as found in s. 11(b) of the Canadian Charter of Rights and Freedoms - See paragraphs 3 to 4.

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b) [paras. 4 to 5, 7].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 508 [paras. 4, 6].

Counsel:

David C. Day, Q.C., for the Attorney General of Canada;

Thomas Burke, for Harvey Wilson Stone.

This case was heard before Seabright, P.C.J., of the Newfoundland Provincial Court, at St. John's, Newfoundland, whose decision was delivered on April 29, 1983.