Is the delay of 14 months prejudicial?

Alberta, Canada


The following excerpt is from R. v. Cardinal, 1985 CanLII 1443 (AB QB):

[10] The offence charged in this case is certainly nothing more than an ordinary street crime. It is not suggested that there is anything complex about the evidence or the law relating to it. I am of the view that the delay of 14 months in this case is presumptively prejudicial and that I must consider the other three factors referred to by Mr. Justice Powell in Barker v. Wingo.

Other Questions


Is there any case law where the onus is on the delaying party to make out a credible excuse for the delay? (Alberta, Canada)
Does the 9 month delay in scheduling for a hearing on a motion for an application for Charter status constitute a Section 11(b) Charter issue? (Alberta, Canada)
Is there a delay in finding that a law firm disqualified because of a conflict of interest? (Alberta, Canada)
What is the test for determining whether a delay in taking the action constitutes a bar? (Alberta, Canada)
Is a plaintiff lawyer entitled to 12 months notice when he is dismissed by his employer? (Alberta, Canada)
What is the test for a motion to dismiss an application for a delay of more than two years? (Alberta, Canada)
Do emotional and financial depression and frustration in relation to a lawsuit constitute an excuse for delay? (Alberta, Canada)
Is there any case law where mere suspicion that collection may be delayed is insufficient? (Alberta, Canada)
What is the test for determining whether a delay of more than a year is fatal to an application? (Alberta, Canada)
Can an applicant for a firearms licence be found to possess a firearm within 16 months of being made subject to a peace bond because of domestic violence? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.