What is the test for the length of delay under s. 11(b) of the Criminal Code of Canada?

Ontario, Canada


The following excerpt is from R v Ahmeti, 2011 ONSC 1501 (CanLII):

Finally, at paragraph 32 in R v. Morin, supra., Justice Sopinka speaks to the necessary “balancing” that is necessary where he wrote: “32. The judicial process referred to as “balancing” requires an examination of the length of the delay and its evaluation in light of the other factors. A judicial determination is then made as to whether the period of delay is unreasonable. In coming to this conclusion, account must be taken of the interests which s. 11(b) is designed to protect. Leaving aside the question of delay on appeal, the period to be scrutinized is the time elapsed from the date of the charge to the end of the trial. See R v. Kalanj, 1989 CanLII 63 (SCC), [1989] 1 S.C.R. 1594. The length of this period may be shortened by subtracting periods of delay that have been waived. It must then be determined whether this period is unreasonable having regard to the interests s. 11(b) seeks to protect, the explanation for the delay and the prejudice to the accused.” The Length of Delay

Other Questions


What is the test for assessing the delay for s. 11(b) of the Criminal Code of Canada? (Ontario, Canada)
If an accused has waived his or her rights under s. 11(b) of the Criminal Procedure, can that waiver be included in systemic delay? (Ontario, Canada)
What analysis is required to assess the impact of a delay in completing an application under s. 11(b) of the Criminal Code? (Ontario, Canada)
In what circumstances will the Court of Appeal in Canada accept a request from a party to travel to Canada from a court in Canada to request to travel abroad? (Ontario, Canada)
What is the test for security of the person under s. 11(b) of the Criminal Code of Canada? (Ontario, Canada)
What is the test for an individual to challenge the effect of section 7 of the Criminal Code of Canada s.7(1) of the Charter of Canada? (Ontario, Canada)
What is the test for an assault charge under s. 34(2)(b) of the Criminal Code of Canada? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
What is the test for an offence under section 281 of the Criminal Code of Canada? (Ontario, Canada)
What is the length of time between charge and trial for a case that proceeds through two levels of institutional delay? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.