SCC Case Information
Her Majesty the Queen v. Ernest Fenwick MacIntosh
(Nova Scotia) (Criminal) (By Leave)
(Publication ban in case)
Canadian charter – criminal – Right to be tried within a reasonable time (s. 11(b)), Extradition.
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only.
Charter of Rights and Freedoms Right to be tried within a reasonable time Extradition Section 11(b) of the Charter Whether Court of Appeal erred by imposing a stay and quashing convictions Whether trial judge misapprehended evidence Whether trial judge failed to consider collusion Whether trial judge erred with respect to credibility.
In January 1995, police received the first of many complaints of indecent assault and gross indecency alleged to have been committed by the respondent in the 1970s. The last complainant came forward in 2001. As the respondent had moved to India for work in 1994, the Crown undertook the process to have him extradited. Proceedings were started in September 1997 and a formal request for extradition was forwarded in July 2006. India agreed to the extradition on May 26, 2007. The respondent applied for a stay of proceedings on the basis that his rights under s. 11(b) of the Charter to be tried within a reasonable time had been infringed. This motion was dismissed. As some of the charges in the Indictment were severed, there were two separate trials before a judge alone. The respondent was convicted of some charges and acquitted of others. His appeal to the Court of Appeal of Nova Scotia was allowed. The convictions were quashed and the proceedings on all charges were stayed.