Mills v. The Queen
Encyclopedia
Mills v. The Queen, [1986] 1 S.C.R. 863 is a leading constitutional decision of the Supreme Court of Canada
concerning the right to a trial within a reasonable time under section 11(b)
of the Canadian Charter of Rights and Freedoms
and the meaning of a "court of competent jurisdiction" under section 24(1)
of the Charter. The Court held that a thirty-one month delay was not unreasonable in the circumstances and that preliminary hearing
judges are not within jurisdiction, superior courts can sometimes be within jurisdiction, and criminal trial courts were always within jurisdiction.
on the basis that it violated his right to be tried in a reasonable time under section 11(b) of the Charter.
The motions judge held that it was not a "court of competent jurisdiction" under section 24(1) and that even if it was the Charter could not apply retroactively to remedy violations that occurred before the enactment of the Charter. Both the Superior Court of Ontario and Ontario Court of Appeal dismissed the motion.
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...
concerning 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 Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and the meaning of a "court of competent jurisdiction" under section 24(1)
Section Twenty-four of the Canadian Charter of Rights and Freedoms
Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...
of the Charter. The Court held that a thirty-one month delay was not unreasonable in the circumstances and that preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
judges are not within jurisdiction, superior courts can sometimes be within jurisdiction, and criminal trial courts were always within jurisdiction.
Background
For a period starting in 1973 James Mills was arrested and charged several times for robbery. In 1979 he was arrested in Nova Scotia with several outstanding charges. He was moved to London, Ontario to deal with some past charges. He did not appear in court until September 1981. There were a number of requests for adjournment. Eventually, the Charter came into force in April 1982. In May Mills made a motion for a stay of proceedingsStay 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...
on the basis that it violated his right to be tried in a reasonable time under section 11(b) of the Charter.
The motions judge held that it was not a "court of competent jurisdiction" under section 24(1) and that even if it was the Charter could not apply retroactively to remedy violations that occurred before the enactment of the Charter. Both the Superior Court of Ontario and Ontario Court of Appeal dismissed the motion.