Is a defendant responsible for the 2 month and twenty day period of trial delay between February 18th, 2012 and May 7th 2012?

Ontario, Canada


The following excerpt is from R. v. Szewczyk, 2012 ONCJ 680 (CanLII):

[146] Accordingly, I am disposed to allocate the responsibility for the 2 month and twenty day period of trial delay between February 18th, 2012 and May 7th, 2012, such that one-half of that period, between February 18th, 2012 and March 27th, 2012, a period of 1 month and 10 days, be attributable to the actions of the defendant in commencing the subsection 11(b) application on the trial date and thereby supplanting the time available to proceed with the trial of the subject proceeding on its merits. In reaching this conclusion I have followed the reasoning enunciated by Juriansz J.A. in paragraphs 64, 65 and 66 of his decision in Regina v. N.N.M., supra. The said 1 month and 10 day period is therefore categorized as being trial delay occasioned by actions of the accused/defendant. That period of time will therefore weigh against the defendant in the context of the subsection 11(b) calculus.

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