R. v. Rahey
Encyclopedia
R. v. Rahey, [1987] 1 S.C.R. 588 is a leading constitutional decision of the Supreme Court of Canada
. The accused challenged a delay of over eleven months on an application for a directed verdict
as violation of the right to a trial within a reasonable time under section 11(b)
of the Charter. The Court found that there was a violation of section 11(b) and granted a stay of proceedings
.
. His trial began and after the closing of the Crown's argument, in December 1982 the defence applied for a directed verdict. Over a period of nine months the judge delayed issuing a decision. In September 1983, the defence applied to dismiss the charges as a violation of Rahey's right to trial in a reasonable time under section 11(b) of the Charter. The next day the trial judge issued his decision rejecting the application for a directed verdict.
The application for dismissal was granted. On appeal the charges were reinstated.
There were three issues put to the Supreme Court:
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The accused challenged a delay of over eleven months on an application for a directed verdict
Directed verdict
In a jury trial, a directed verdict is an order from the presiding judge to the jury to return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary...
as violation of the right to a trial within a reasonable time under section 11(b)
Section Eleven of the Canadian Charter of Rights and Freedoms
Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...
of the Charter. The Court found that there was a violation of section 11(b) and granted a stay of proceedings
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
.
Background
Carl Rahey was charged with filing false tax returns and tax evasion. His assets were put in receivershipReceivership
In law, receivership is the situation in which an institution or enterprise is being held by a receiver, a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights." The receivership remedy is an equitable remedy that emerged in...
. His trial began and after the closing of the Crown's argument, in December 1982 the defence applied for a directed verdict. Over a period of nine months the judge delayed issuing a decision. In September 1983, the defence applied to dismiss the charges as a violation of Rahey's right to trial in a reasonable time under section 11(b) of the Charter. The next day the trial judge issued his decision rejecting the application for a directed verdict.
The application for dismissal was granted. On appeal the charges were reinstated.
There were three issues put to the Supreme Court:
- whether the Supreme Court of Nova Scotia was a court of competent jurisdiction for the purposes of an application under s. 24(1) of the Charter;
- whether appellant's right to be tried under a reasonable time was infringed; and, if so,
- whether the superior court judge properly exercised her jurisdiction in dismissing the charges because of the unreasonable delay of the trial judge.