What rights does an accused have to a fair trial?
British Columbia, Canada
The following excerpt is from R. v. Light, 1993 CanLII 1023 (BC CA):
76 The right to be tried within a reasonable time, under s. 11(b) of the Charter, is a right belonging to the accused. While it coincidentally serves the community's interest in ensuring that those who commit crimes are brought to justice, it is an adjunct of, and its real purpose is to protect, the right of an accused to liberty, security of the person and a fair trial; Regina v. Morin, 1992 CanLII 89 (SCC), [1992] 1 S.C.R. 771. When the breach of the right has been established on a balance of probabilities, the accused has a remedy. That remedy is a stay of proceedings which the court then has the constitutionally derived discretion to order under s. 24(1) of the Charter.
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