Is there any case law where a defence action is inconsistent with a desire for a timely trial?
British Columbia, Canada
The following excerpt is from R. v. Chand - Reasons for Judgment, 2006 BCPC 171 (CanLII):
Also, in Regina v. Morin, S.C.C., 1992 CanLII 89 (SCC), [1992], 1 S.C.R. 771 @ 774 it is stated, “Action or non-action by the accused which is inconsistent with a desire for a timely trial is something that the court must consider.” The behaviour by the defence that should be considered is delay asking for disclosure already in possession of the defence, failure to make this application prior to any trial date or on the two previous trial dates, and waiver of the delay resulting from the adjournment in May, 2005. The Law
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