What is the test for protection of the accused's security?

Canada (Federal), Canada

The following excerpt is from R. v. Rahey, [1987] 1 SCR 588, 1987 CanLII 52 (SCC):

113. Protection of the accused's security, another interest secured by the right to a speedy trial, focuses on the psychological rather than the physical burdens of a pending trial. Since psychological pressures are inherently difficult to establish objectively, however, the parameters of an accused's security interest are inherently elusive, whether viewed in the abstract or in the context of the accused's own situation. However, it is reasonable to infer that the pendency of a criminal trial creates anxiety and concern in any accused, whether or not he or she has ever been charged or convicted before. In addition, as Warren C.J. noted in Klopfer v. North Carolina, supra, at p. 222, a pending trial "may subject [an accused] to public scorn . . . and almost certainly will force curtailment of his speech, associations and participation in unpopular causes". It often limits employment and educational opportunities as well and, as Amsterdam puts it, it ultimately restricts "the liberty to go one's own way owing nobody nothing" (supra, at p. 533).

Other Questions


In what circumstances will a motion be heard that the exhibition of photographs of the accused's alleged victims be prejudiced if there is no attorney representing the accused? (MultiRegion, United States of America)
Does Belcher hold that the equal protection mandate was not violated by a provision of the Social Security Act which required deductions from disability benefits to offset workmen's compensation payments? (MultiRegion, United States of America)
What are the implications of a police interview where the accused was questioned before the accused had a chance to telephone his lawyer? (Canada (Federal), Canada)
Does the role of a securities class action in the enforcement of federal securities laws change? (MultiRegion, United States of America)
Is a beneficiary's marriage to a spouse entitled to Social Security benefits under the Social Security Benefits Act? (MultiRegion, United States of America)
Does the government's use of analogies to enable jurors unfamiliar with securities trading to evaluate evidence in the context of securities trading constitute advocacy? (MultiRegion, United States of America)
Does the period of time spent in state custody of an accused be taken into account when the accused has been held in federal custody? (MultiRegion, United States of America)
What is the case law on national security and international relations in the context of national security considerations? (Canada (Federal), Canada)
Does intervenor have a "significant protectable interest" when it asserts an interest that is not protected by law? (MultiRegion, United States of America)
What are some cases where the Administrator of the Environmental Protection Agency (APA) has been accused of failing to identify and enforce environmental violations? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.