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