R. v. Dutra, [2001] 1 S.C.R. 759, 2001 SCC 29
Alfred Dutra Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Dutra
Neutral citation: 2001 SCC 29.
File No.: 27831.
2001: May 16.
Present: Iacobucci, Bastarache, Binnie, Arbour and LeBel JJ.
on appeal from the court of appeal for british columbia
Constitutional law -- Charter of Rights -- Trial within reasonable time -- No violation of accused’s right to be tried within reasonable time -- Canadian Charter of Rights and Freedoms, s. 11(b).
Statutes and Regulations Cited
Canadian Charter of Rights and Freedoms, s. 11(b).
APPEAL from a judgment of the British Columbia Court of Appeal (2000), 137 B.C.A.C. 104, 223 W.A.C. 104, 34 C.R. (5th) 162, [2000] B.C.J. No. 659 (QL), 2000 BCCA 174, dismissing the accused’s appeal from his conviction for harassment. Appeal dismissed.
Jeffrey R. Ray, for the appellant.
W. J. Scott Bell, for the respondent.
The judgment of the Court was delivered orally by
1 Iacobucci J. – This is an appeal as of right which raises questions under s. 11(b) of the Canadian Charter of Rights and Freedoms dealing with unreasonable delay. These questions involve well-established principles as expressed in the governing jurisprudence. We look to courts of appeal to be vigilant in supervising their application in given cases. We are all concerned with the length of the delay in light of the restrictive bail conditions imposed in this case, and in particular with the fact, agreed to by the parties and confirmed by the British Columbia Court of Appeal, that in 1996 a trial date for a two-day trial could not be obtained in the Provincial Court in less than a year. However, in the final analysis we can find no error in the disposition made by the British Columbia Court of Appeal that warrants our intervention. Accordingly, we dismiss the appeal and deny the appellant’s request for costs.
Judgment accordingly.
Solicitor for the appellant: Jeffrey R. Ray, New Westminster, B.C.
Solicitor for the respondent: The Ministry of the Attorney General, Vancouver.