In what circumstances will a motion for an unreasonable delay in getting to trial be granted?

Alberta, Canada


The following excerpt is from R. v. Cameron, 1982 CanLII 1192 (AB QB):

In my view, in the present case, even if the delay is regarded as being one of seven months, the motion is without merit. Even assuming that the Charter had been in effect throughout the period, I do not consider that, in all the circumstances, proceeding to trial now constitutes an unreasonable delay in getting to trial. Thus, the very first factor, referred to in Barker v. Wingo, supra, as a “triggering mechanism”, is not present here. This case is a clear one at the one end of the spectrum, at the far end of which one might find a case of the sort posited earlier in my hypothetical example.

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