Her Majesty The Queen Appellant v. Ernest Fenwick MacIntosh, 2013 SCC 23

SUPREME COURT OF CANADA Citation: R. v. MacIntosh, 2013 SCC 23, [2013] 2 S.C.R. 200 Date: 20130422 Docket: 34650 Between: Her Majesty The Queen Appellant and Ernest Fenwick MacIntosh Respondent Coram: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ. Reasons for Judgment: (para. 1) McLachlin C.J. (LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ. concurring) R. v. MacIntosh, 2013 SCC 23, [2013] 2 S.C.R. 200 Her Majesty The Queen Appellant v. Ernest Fenwick MacIntosh Respondent and Attorney General of Canada Intervener Indexed as: R. v . MacIntosh 2013 SCC 23 File No.: 34650. 2013: April 22.

Present: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ. on appeal from the court of appeal for nova scotia Constitutional law — Charter of Rights — Right to be tried within a reasonable time — Accused extradited to Canada to face numerous charges of indecent assault and gross indecency — Delay of more than 14 years between charges being laid and trial, approximately 12 of those attributable to delays by Crown in extraditing accused — Accused seeking a stay of proceedings due to pre- and post-charge delay — Application dismissed and accused convicted at trial — Accused’s right to be tried within reasonable time violated due to post-charge delay — Canadian Charter of Rights and Freedoms, s. 11(b) .

APPEAL from a judgment of the Nova Scotia Court of Appeal (Hamilton, Beveridge and Bryson JJ.A.), 2011 NSCA 111 , 250 C.R.R. (2d) 239, 310 N.S.R. (2d) 274, 983 A.P.R. 274, 281 C.C.C. (3d) 291, [2011] N.S.J. No. 660 (QL), 2011 CarswellNS 843, allowing the accused’s appeal from the decision of Kennedy C.J.S.C., 2010 NSSC 105 , 289 N.S.R. (2d) 224, 916 A.P.R. 224, 2010 CarswellNS 161, and quashing the accused’s convictions on charges of indecent assault and gross indecency. Appeal dismissed. Mark Scott , for the appellant. David J. Bright , Q.C. , and Brian P. Casey , for the respondent. Jeffrey G.

Johnston , for the intervener. T he judgment of the Court was delivered orally by [ 1 ] The Chief Justice — We all agree with the Court of Appeal, for the reasons of Beveridge J.A., that the right of the accused to be tried within a reasonable time was violated. The appeal accordingly is dismissed. Judgment accordingly. Solicitor for the appellant: Public Prosecution Service of Nova Scotia, Halifax. Solicitors for the respondent : Boyne Clarke, Dartmouth. Solicitor for the intervener: Attorney General of Canada, Ottawa.