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

Nova Scotia, Canada


The following excerpt is from R. v. Garrison, 2010 NSSC 247 (CanLII):

In R v. Morin, 1992 CanLII 89 (SCC), [1992] 1 S.C.R. 771, [1992] S.C.J. No. 25, Sopinka, J., for the majority, discussed the requirement for balancing that arises under s. 11(b). He stated, at para. 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.... 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.

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