Adjournments of criminal matters

An adjournment is re-scheduling of a court appearance. The granting of an adjournments is at the discretion of the judge, but in practice is a frequent occurrence.

The judge must be guided by the requirements of s. 537 and 803:

537. (1) A justice acting under this Part may

(a) adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the justice usually sits or for any other sufficient reason;
...
803. (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.

Missing witnesses

In order to adjourn a trial matter on the grounds of missing witnesses the applicant must establish:

that the absent witnesses are material in the case;

that the party applying has not been guilty of laches or neglect in arranging for the attendance of the witnesses; and

that there is a reasonable expectation that the witnesses will attend court on the date sought by the party applying for the adjournment.

The judge may also consider other relevant circumstances.

R. v. LeBlanc 2005 NSCA 37 -- no adjournment for crown in failing to subpoena witnesses.

R. v. Rose (D.A.) (1995), 140 N.S.R.(2d) 151 (SC)

R. v. A.T., 1991 CanLII 6104 (AB Q.B.)

R. v. Shergill 2009 BCCA 55

R. v. MacDonald, 1998 CanLII 18016 (NL C.A.)