Summary

Keywords

Charter of Rights — Right to be tried within a reasonable time — Criminal law — Charge to jury — Does the 18-month presumptive ceiling apply to a one-stage criminal proceeding where the Crown prefers a direct indictment prior to the first court appearance — Should a trial judge ever instruct a jury that the failure to reach a unanimous verdict will result in a mistrial and the trial having to begin again with an entirely new jury?

Summary

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Mr. Carter was charged with criminal harassment and tried jointly with co-accused. The Court of Queen’s Bench of Alberta dismissed an application to stay the proceedings for unreasonable delay in breach of s. 11(d) of the Charter. Mr. Carter was convicted by a jury of criminal harassment. The Court of Appeal dismissed an appeal.

Lower Court Rulings