Search results
Results from the WOW.Com Content Network
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).
While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities.
Section 8 of the Narcotic Control Act violates the right to presumption of innocence under section 11(d) of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. Court membership; Chief Justice: Brian Dickson
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.
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 ...
In September 2020, Justice Donald Burrage ruled that the Newfoundland and Labrador travel ban did indeed violate Section 6 of the Canadian Charter of Rights and Freedoms, which allows Canadians to move freely throughout the country. However, Burrage said the ban is protected by Section 1, which allows for reasonable exemptions to the charter.
The section has generated some case law, including the essential case R. v. Smith (1987), in which it was partially defined, and R. v. Latimer (2001), a famous case in which Saskatchewan farmer Robert Latimer protested that his long, mandatory minimum sentence for the murder of his disabled daughter was cruel and unusual.
"In effect," Professors F.L. Morton and Rainer Knopff write, "section 10(b) of the Charter overrules Hogan." [5] In R. v. Bartle (1994) the Supreme Court ruled that rights to be informed that one may seek counsel included rights to be told of duty counsel and how to obtain it (e.g., through a free telephone call).