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In cases of very extensive delay, however, the court found that prejudice could be inferred. Later, in R. v. Finta (1994), the Supreme Court clarified that the period of "unreasonable delay" begins at the time the charge is laid. This was in response to a case in which charges were laid 45 years after the alleged offences occurred; and that ...
R v Finta, [1994] 1 SCR 701 is a case decided by the Supreme Court of Canada. The Court found that a 45-year delay before charging an individual under the crimes against humanity provisions of the Criminal Code does not fall within the meaning of "unreasonable delay" under the Canadian Charter of Rights and Freedoms. The period for ...
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.
Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. [1] Jurimetrics allows to estimate the current judicial efficiency. [2]
A Canadian judge has ruled that the government’s use of the Emergencies Act to quell weeks of protests by truckers and others angry over COVID-19 restrictions in 2022 was unreasonable and ...
The Canadian government will appeal a court ruling that Ottawa's use of emergency powers in early 2022 to end anti-government protests was unreasonable, Finance Minister Chrystia Freeland said on ...
It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law".