What is the length of time between charge and trial for a case that proceeds through two levels of institutional delay?

Ontario, Canada


The following excerpt is from R. v. Wong, 2010 ONSC 2059 (CanLII):

The total delay in this case, from charge to the commencement of trial, was 2 years, 4 months and 1 day. In accordance with the analysis above, I estimate that the total institutional delay in this case was roughly 17 months and 1 week. Subject to what I have to say about prejudice, this delay was within the guidelines’ range of 16 to 18 months for a case that proceeds through two levels: see Regina v. N.M.M., supra, pp. 452-453. (d) Prejudice

The issue of prejudice is critical to the evaluation of whether a delay will amount to a violation of s. 11(b) of the Charter. The presence or absence of prejudice may tip the balance one way or the other, especially in close cases: see Regina v. Morin, supra, at pp.21, 23 to 25

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