In my view, this is not a case for a constitutional exemption, that is, to declare the provision to be of no force and effect only in respect of the particular case before me. The violation which I see before me is much too common for a constitutional exemption to be appropriate. In Regina v. Wust, Mr. Justice Grist correctly recognized that by saying the following: Cases in which the accused is detained in custody generally are given precedence in trial scheduling. However, it is not an uncommon event to deal with persons who have been in custody for over one year prior to disposition.
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