Section 11(b): Trial Within Reasonable Time
R. v. Jordan, [2016] 1 SCR 631
Barrett Richard Jordan was charged in December 2008 for his role in a dial-a-dope operation, and his trial ended with a conviction in February 2013. The Supreme Court used Mr. Jordan’s case as an opportunity to reformulate the test for trial within a reasonable time, overturning the conviction and entering a judicial stay of proceedings pursuant to s. 11(b) of the Charter. Continue reading
R. v. Ghozerash, 2013 BCCA 272
In September 2009, Azad Yousefi Ghozerash was charged with importing and possessing opium for the purpose of trafficking. His case was initially set for trial in December 2010, but adjourned due to the unavailability of a Crown witness. The trial was then rescheduled for October 2011, at which time counsel for the accused made an application for a judicial stay of proceedings on account of unreasonable delay. Continue reading
R. v. Morin [1992] 1 S.C.R. 771
In R. v. Morin, the Supreme Court of Canada revisited the test for unreasonable delay set out in R. v. Askov, putting an increased emphasis on the presence or absence of prejudice, and putting a greater onus on the accused to prove that prejudice has occurred. Continue reading
R. v. Askov, [1990] 2 S.C.R. 1199
The appellants, who were charged with conspiracy to commit extortion, as well as a number of firearms offenses, argued that a two-year delay in bringing their case to trial had violated their right to be tried within a reasonable time under Section 11(b) of the Charter. Continue reading