What is the legal test for determining whether a delay of a trial is a deliberate attempt by the government to delay the trial?

Canada (Federal), Canada

The following excerpt is from Mills v. The Queen, [1986] 1 SCR 863, 1986 CanLII 17 (SCC):

187. Powell J. wrote, in Barker v. Wingo, supra, at p. 531: Here, too, different weights should be assigned to different reasons. A deliberate attempt to delay the trial in order to hamper the defense should be weighted heavily against the government. A more neutral reason such as negligence or overcrowded courts should be weighted less heavily but nevertheless should be considered since the ultimate responsibility for such circumstances must rest with the government rather than with the defendant. Finally, a valid reason, such as a missing witness, should serve to justify appropriate delay. He thus identifies three different types of reasons for delay: governmental misconduct, errors of circumstance, and institutional limitations.

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