R. v. Lewis (J.G.), 2015 SKPC 1

R. v. Lewis (J.G.) (2015), 468 Sask.R. 37 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. FE.016

Her Majesty the Queen v. Jeffery Gordon Lewis

(Information Nos. 24478136; 24478139; 2015 SKPC 1)

Indexed As: R. v. Lewis (J.G.)

Saskatchewan Provincial Court

Gordon, P.C.J.

January 8, 2015.

Summary:

The accused was charged with several breaches of recognizance in December 2012 and February 2013. He applied for a stay of proceedings, asserting that his s. 11(b) Charter right to be tried within a reasonable time was violated.

The Saskatchewan Provincial Court dismissed the application.

Civil Rights - Topic 3270

Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Evidence of prejudice and causes of delay - Lewis was charged with several breaches of recognizance in December 2012 and February 2013 - He applied for a stay of proceedings, asserting that his s. 11(b) Charter right to be tried within a reasonable time was violated - Lewis had not yet entered a plea to the charges - He testified that the charges had been adjourned many times over the past two years with no reason being given to him, and that he was missing disclosure from the police - The Saskatchewan Provincial Court dismissed the application - Lewis requested and consented to the adjournments - For the two time periods where there was significant delay (two months in 2013 and four months in 2014), he was represented by counsel and it was noted on the record that he waived delay - It was not until June 2014 that Lewis raised the issue of a lack of disclosure, but he took no further action to pursue this alleged deficiency - Any delay was caused by Lewis and was to his benefit - Lewis had used the application as a tactic to prevent the charges from proceeding.

Cases Noticed:

R. v. Morin, [1992] 1 S.C.R. 771; 134 N.R. 321; 53 O.A.C. 241, refd to. [para. 1].

R. v. Pidskalny (W.P.) (2013), 417 Sask.R. 124; 580 W.A.C. 124; 2013 SKCA 74, refd to. [para. 9].

R. v. Dzuba (Z.) (2014), 439 Sask.R. 60; 2014 SKQB 57, refd to. [para. 9].

R. v. Wilson (S.R.G.) (2013), 427 Sask.R. 63; 591 W.A.C. 63; 2013 SKCA 128, refd to. [para. 9].

R. v. Shepherd (S.J.) (2014), 440 Sask.R. 240; 2014 SKQB 83, refd to. [para. 9].

R. v. Mills, [1986] 1 S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81, refd to. [para. 20].

R. v. Akinchets (I.) (2011), 378 Sask.R. 282; 2011 SKPC 88, refd to. [para. 22].

Counsel:

Brian Hendrickson, Q.C., for the Crown;

Jeffery Gordon Lewis, accused, self-represented.

This application was heard at Assiniboia, Saskatchewan, before Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on January 8, 2015.