Charter Cases: Section 11(b): Trial Within Reasonable Time

Section 11(b) of the Charter of Rights and Freedoms:

11. Any person charged with an offence has the right…

(a) to be informed without unreasonable delay of the specific offence;

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

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Filed under Section 11(b): Trial Within Reasonable Time, Section 11: Legal Rights

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

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Filed under Section 11(b): Trial Within Reasonable Time, Section 11: Legal Rights

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

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Filed under Section 11(b): Trial Within Reasonable Time, Section 11: Legal Rights