The Right to a Speedy Trial in Canada

Jun 25
08:29

2012

Jeremy Maddock

Jeremy Maddock

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Section 11(b) of the Charter protects Canadians’ right to a speedy trial, stating that “any person charged with an offence has the right… to be tried within a reasonable time.”

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The Supreme Court of Canada breathed life into this constitutional guarantee in 1990 with the Askov decision,The Right to a Speedy Trial in Canada Articles ruling that a two-year delay in bringing four suspects to trial for extortion and firearms offences was a violation of their right to be tried within a reasonable time pursuant to Section 11(b). This led to a stay of proceedings against Askov and his co-accused, along with thousands of other accused persons throughout Ontario. It also set the stage for thousands of so called “Askov applications” across Canada in the subsequent years.

 

In 1992, the Supreme Court of Canada raised the bar for future Askov applications with the Morin decision. Although the length and cause of the delay remains a significant factor, the Supreme Court made clear in Morin that other factors must also be considered, and placed a certain onus on the accused to demonstrate that the delay prejudiced their defense or adversely affected them in some way.

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