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Nov 9, 2022 · The trial began in December 2013 and the prosecution began a voir dire (a hearing to determine the admissibility of evidence), which was then adjourned for 10 months. When it resumed in October 2014, the voir dire was completed. The trial judge rendered a decision in the voir dire in May 2015. The trial resumed, and was completed, in January 2016.
- Any Person
- Application
- Section 11(B) Analysis: Prior to R. v. Jordan and Today
- Test For Infringement as Set Out in R. v. Jordan
- Procedure and Remedy
Corporations as well as individuals benefit from the protection of section 11(b) (Québec (Procureure générale) c. 9147-0732 Québec inc., 2020 SCC 32 at paragraphs 128 and 130; R. v. CIP Inc., [1992] 1 S.C.R. 843).
Section 11(b) is concerned with the period from the laying of the charge up to and including the date upon which the sentence is imposed (R. v. K.G.K., 2020 SCC 7 at paragraphs 3 and 28; R. v. Rahey, [1987] 1 S.C.R. 588; R. v. MacDougall, [1998] 3 S.C.R. 45) (see introductory section under section 11 for the meaning of "charged"). Thus, section 11(...
In R. v. Jordan, supra, the Supreme Court of Canada introduced a new analytical framework for determining whether an accused was tried within a reasonable time, as required by section 11(b). Prior to this judgment, the analysis (outlined most fully in Morin, supra) required a case-by-case approach. Judges were required to assess whether delay had b...
[Note to the reader: Given the significant departure from the previous section 11(b) jurisprudence, many aspects of the new Jordanframework will continue to develop as courts engage with it, particularly for cases that are subject to the transitional qualifications. This document does not purport to comprehensively address each outstanding issue.] ...
(i) Procedure
An inquiry into unreasonable delay is triggered by an application under section 24(1) of the Charter (Morin, supra). The application should normally be made to the trial court, although a court of superior jurisdiction may entertain an application (R. v. Smith, supra). For example, this would be appropriate were the trial court itself is implicated in the delay (R. v. Rahey, [1987] 1 S.C.R. 588). Where the delay is above the ceiling, a full section 11(b) analysis will only be triggered where...
(ii) Remedy
A stay of proceedings is the minimum remedy for a breach of this right because the court has lost jurisdiction to proceed (Rahey, supra; see also Jordan, supra at paragraphs 76 and 114). Excessive delay that does not reach constitutional limits can be a factor in mitigation of sentence (R. v. Bosley, [1992] O.J. No. 2656 (Ont. C.A.)). The Ontario Court of Appeal has held that where a delay in sentencing is found to infringe section 11(b), the remedy should target the sentence rather than the...
The trial process should generally be permitted to "run its carefully laid course" before a court should engage in an application under s. 11(b) of the Charter to stay proceedings. [6] A failure to bring an application under s. 11(b) before or at trial will usually be fatal to the applicant.
File a Stay of Proceedings: If you believe your right to a trial within a reasonable time has been violated, you can file a stay of proceedings with the court. This means that you are asking for the charges against you to be dropped due to the violation of your rights. A lawyer can assist you with preparing and filing this motion.
Nov 15, 2024 · The Court can also: allow the victim to use a false name to protect the victim's identity; and; keep some or all members of the public out of the courtroom while the victim testifies or for the duration of the trial. The prosecutor can apply to the Court, on the victim's behalf, for an order that gives the victim help to testify.
Oct 18, 2024 · It is important to know that the prosecution does not have a right to ask for a new trial. This would violate the principle of double jeopardy. The prosecution may be able to appeal a decision to grant a new trial. Last reviewed October 2024
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Sep 23, 2022 · The prosecution's ability to move for a new trial depends on that jurisdiction's law and the result of the case. If trial resulted in an acquittal, the prosecution generally can't move for a new trial due to double jeopardy issues. However, in the case of a conviction, the prosecution might be able to ask for a new trial in the interests of ...
