What are the consequences of inordinate delays in proceedings?
Ontario, Canada
The following excerpt is from R. v. Ovided, 2008 ONCJ 317 (CanLII):
For the reasons which follow, I conclude that the appellants' rights to fundamental justice under s. 7 of the Canadian Charter of Rights and Freedoms have been violated on account of these inordinate delays. Such delay constitutes an abuse of process, as it is incompatible with the notion of "speedy justice", which is the hallmark of the Provincial Offences Act. This justifies a stay of proceedings being entered on appeal, along with an order of costs, in each of these four cases. History of Proceedings Regina v. Ben-Ahmed Fadhaloui Ovided
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