Her Majesty the Queen v. Ernest Fenwick MacIntosh (April 22, 2013)
Case # 34650
Complaints of indecent assault and gross indecency in the 1970s were made against the respondent from 1995 to 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 had been violated under section 11(b) of the Charter. Section 11(b) of the Charter states that any person charged with an offence has the right to be tried within a reasonable time. At issue is the right to be tried within a reasonable time.