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Section 11(b) provides that 11. Any person charged with an offence has the right... (b) to be tried within a reasonable time; Section 11(b) can be taken to provide a right to a speedy trial. [3] The criteria by which the court will consider whether the rights of an accused under this provision have been infringed were set out in R. v. Askov (1990).
R. v. Jordan [2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 ...
R v Askov, [1990] 2 S.C.R. 1199, is a 1990 appeal heard before the Supreme Court of Canada which established the criteria and standards by which Canadian courts judge whether an accused's right to a speedy trial under the Canadian Charter of Rights and Freedoms, Section 11(b) "to be tried within a reasonable time" has been infringed.
Mills v R, [1986] 1 S.C.R. 863 is a leading constitutional decision of the Supreme Court of Canada concerning the right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and the meaning of a "court of competent jurisdiction" under section 24(1) of the Charter.
Bail, section 11(e) Sauvé v Canada (Chief Electoral Officer) [2002] 3 S.C.R. 519, 2002 SCC 68 October 31, 2002 Right to vote for prisoners Harvard College v Canada (Commissioner of Patents) [2002] 4 S.C.R. 45, 2002 SCC 76 December 5, 2002 Harvard mouse, patenting higher lifeforms Apotex Inc v Wellcome Foundation Ltd
Provinces may also do this with their superior courts. The government of Prince Edward Island initiated the Provincial Judges Reference by asking its provincial Supreme Court a question on judicial independence under section 11. The building of the Supreme Court of Canada, the chief authority on the interpretation of the Charter
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David Pearlman was a Manitoba lawyer who was disciplined by the Law Society for three acts of professional misconduct under section 52(4) of the Law Society Act.Pearlman sought a prohibition against the proceedings of the Law Society on the basis that it violated his right to be tried within a reasonable time under section 11(b) of the Charter, it was contrary to natural justice as the Society ...