Summary

36726

Her Majesty the Queen v. Marlin Vandermeulen

(Manitoba) (Criminal) (By Leave)

(Publication ban in case)

Keywords

None.

Summary

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)

Charter of Rights and Freedoms – Right to trial within reasonable time – Whether Court of Appeal erred in imposing a stay of proceedings as the remedy for a breach of s. 11(b) of the Charter

Mr. Vandermeulen was charged with several offences. The last charge was laid on February 27, 2010. A preliminary inquiry began on November 22, 2011. On January 14, 2013, Mr. Vandermeulen brought a motion to stay proceedings for unreasonable delay in breach of s. 11(b) of the Charter of Rights and Freedoms. The trial judge dismissed the motion. Mr. Vandermeulen’s trial began on February 26, 2013 and ended on March 4, 2013. The trial judge convicted Mr. Vandermeulen of four counts of assault, assault causing bodily harm, sexual assault causing bodily harm and uttering threats. He appealed his convictions. The Court of Appeal held that the trial judge erred in her Charter analysis. It held that post-charge delay breached s. 11(b) of the Charter and the minimal remedy was to stay proceedings.

Lower Court Rulings

May 22, 2013
Court of Queen’s Bench of Manitoba

CR 12-01-31908, 2013 MBQB 118
Convictions on four counts of assault, assault causing bodily harm, sexual assault causing bodily harm and uttering threats, Acquittal on one count of theft under $5,000
June 10, 2014
Court of Queen’s Bench of Manitoba

CR 12-01-31908, 2014 MQB 116
Sentence to 3.5 years, 10-year firearm and weapons prohibition, mandatory DNA order and 20-year sex offender registration
November 17, 2015
Court of Appeal of Manitoba

AR14-30-08192, 2015 MBCA 84
Appeal allowed and stay of proceedings granted