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Author: Amanda Winters

Amanda Winters, B.A. (Thompson Rivers University), is a second year student at the University of Calgary Faculty of Law. Amanda's first contributions to ABlawg stemmed from her volunteer work with the Canadian Civil Liberties Association's Rights Watch project. She has a particular interest in Charter rights in the criminal context and equality rights issues.

Is there a doctor in the house? Challenges in the assessment process of s.752.1 of the Criminal Code

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On October 8, 2010

In Criminal

PDF version: Is there a doctor in the house? Challenges in the assessment process of s.752.1 of the Criminal Code 

Case considered: R. v. Gow, 2010 ABQB 564

In September, Mr. Justice V.O. Ouellette of the Alberta Court of Queen’s Bench gave reasons in the trial of R. v. Gow. The key issue in the case was whether the court had jurisdiction to grant an extension for an assessment pursuant to s.752.1(1) of the Criminal Code of Canada, R.S.C. 1985, c.C-46 in the context of an application for long-term offender status. Justice Ouellette determined that the court could not grant an extension as the language of the section, when considered in the context of the amendments made to the Code in 2008 and other provisions of the Code, was clearly mandatory. However, a survey of other cases dealing with s.752.1 revealed some interesting interpretations of the provision and demonstrated that Canadian courts have read parts of this section as being substantive rather than procedural. This allows for a certain amount of wiggle room depending on the circumstances surrounding any delay in the assessment process.

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Another kind of trial delay

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On August 17, 2010

In Constitutional, Criminal

PDF version: Another kind of trial delay

Case considered: R. v. Asiala, 2010 ABQB 450

Earlier this year I wrote an ABlawg post discussing s. 11(b) of the Canadian Charter of Rights and Freedoms in relation to three Alberta cases decided in late 2009 (see A policy of delay? The cost of s.11 (b) Charter violations in Alberta). Section 11(b) of the Charter guarantees the right to be tried within a reasonable time. In my post, I noted that trial delays appeared to be a growing trend that should be closely monitored by the citizenry, particularly as they relate to government policy in allocating budgetary resources for judicial services. What I neglected to say is that sometimes delay has nothing to do with government policy, lack of judicial resources or even the tactical advantage gained by one or both sides in a case. On rare occasions delay is caused by the human element of the judicial system.

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A policy of delay? The cost of s.11(b) Charter violations in Alberta

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On February 8, 2010

In Constitutional, Criminal

Cases considered: R. v. Rajasansi, 2009 ABQB 674; R. v. Klein, 2009 ABPC 381; R. v. Nguyen, 2009 ABPC 384.

PDF version: A policy of delay? The cost of s.11(b) Charter violations in Alberta

Back in December, CBC News reported on the stay of proceedings in the trial against Kulwinder Singh Rajasansi and Wesley Keane Sinclair. The two men were charged with sexually assaulting a young woman in October, 2004. The reason for the stay? It took the case 35 months to get to trial – that’s one month shy of 3 years.

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