CRM 308 Lecture Notes - 18 Months, Suspended Sentence, Paul Bernardo
5 Jun 2014
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Very important: if it didn"t exist, the whole system could collapse . In the early 90"s, we had a crazy backlog and waiting for years in jail: the accused who would come to court and demand their charges be stayed because: Charter said proceed with unreasonable delay 11(b) Highlighted there"s too many cases in the system. Interior court: 6-8 months is found to be reasonable. Superior court: 16 18 months is found to be reasonable. All the lawyers started counting days people were being let go to the point where 40 50 charges were being stayed. Another case (muran): we meant them as guidelines, not hard-set times. These applications under 11(b) were not as frequently granted. Many instituted deals to get cases out of the system to try and clear up the system (looking at older cases to clear before the deadline)
