Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(PUBLICATION BAN IN CASE)

Canadian Charter of Rights and Freedoms, s. 11b – Criminal law – Procedural rights – Trial within a reasonable delay – Whether the Court of Appeal erred in law by finding that the Respondent’s constitutional right to be tried within a reasonable time was infringed; more particularly, in: (1) its approach to the taking of judicial notice, and (2) in its approach to the assessment of prejudice to the Respondent’s liberty, security and fair trial interests.

The Respondent was charged with sexual offences against a young boy committed over thirty years ago. He was arrested at the school where he taught on January 6, 2009. The Information, charging the Respondent, was sworn the following day. He was held in custody until January 12, 2009, when he was released on bail. He elected for a trial by judge and jury in the Superior Court of Justice, which was scheduled to commence on December 12, 2011. The record of the case indicated that the preliminary inquiry was adjourned once because another matter took precedence and a second time because the presiding judge and investigating officer were not available. The accused and his lawyer travelled from Ottawa on both of these dates without prior notice that the proceedings would be adjourned. On August 4, 2010, the judicial pre-trial conference in the Superior Court was adjourned because the assigned Crown counsel was not present. Although earlier dates were available, there was no evidence about whether Crown counsel was available earlier than September 29, 2010, when Crown counsel attended and the pre-trial conference took place. The matter was then adjourned to the assignment court on October 22, 2010, when the pre-trial applications and jury trial were scheduled. The record also disclosed that the Crown delayed in providing full disclosure, resulting in four months of delay. A number of pre-trial applications were brought by both the Crown and defence. The jury trial began on December 12, 2011 and ended on December 20, 2011.