R. v. Wilson, (1982) 37 A.R. 170 (ProvCt)

Judge:Horrocks, J.
Court:Provincial Court (Alberta)
Case Date:July 06, 1982
Jurisdiction:Alberta
Citations:(1982), 37 A.R. 170 (ProvCt)
 
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R. v. Wilson (1982), 37 A.R. 170 (ProvCt)

MLB headnote and full text

R. v. Wilson et al.

Indexed As: R. v. Wilson et al.

Alberta Provincial Court

Horrocks, J.

July 6, 1982

Summary:

The accused were charged with conspiracy to traffick in a narcotic. After a preliminary inquiry the Crown entered a stay of proceedings. Ten months later the Crown laid a new information. The accused alleged an unreasonable delay contrary to s. 11(b) of the Canadian Charter of Rights and Freedoms 1982. The Alberta Provincial Court held that in the absence of an explanation such a delay was unreasonable. The court ordered a stay of proceedings.

Civil Rights - Topic 8504

Canadian Charter of Rights and Freedoms - Enforcement - Jurisdiction - The Alberta Provincial Court held that it had jurisdiction to hear an application under s. 24 of the Canadian Charter of Rights and Freedoms 1982 (see paragraphs 4 and 5).

Civil Rights - Topic 3265

Speedy trial - Accused's right to - What constitutes "within a reasonable time" for purposes of s. 11(b) of the Canadian Charter of Rights and Freedoms 1982 - The accused was charged with conspiracy to traffick in a narcotic - At a preliminary inquiry on April 6, 1981, the Crown entered a stay of proceedings - On February 5, 1982 a new information was laid - The Alberta Provincial Court held that in the absence of an explanation such a delay was unreasonable for purposes of s. 11(b) and the court ordered a stay of proceedings.

Cases Noticed:

R. v. Rourke (1977), 16 N.R. 181; 35 C.C.C.(2d) 129, ref'd to. [para. 12].

Statutes Noticed:

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

Authors and Works Noticed:

Black's Law Dictionary [para. 16].

Counsel:

L.S. Hukulak, for the Federal Crown;

I.H. Baker, for Lionel Wilson;

C.G. Crick, for Janice Wilson;

T.H. Boyd, for Leonard Wilson and David Gillette.

This application was heard by HORROCKS, J., of the Alberta Provincial Court. The judgment of HORROCKS, J., was delivered orally on July 6, 1982.

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