CRIM 330 Chapter Notes - Chapter Right to be Tried with Reasonable Time: Extortion, 18 Months
27 Apr 2017
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Right to be tried within reasonable time: v. askov [1990] 2 s. c. r. 1199, 79 c. r. (3d) 273, 59 c. c. c. (3d) 449 (s. c. c. ) Prelim was set for july, 1984 but was not completed until sept. trial date was set for oct, 1985 but the case could not be accommodated during the session + was delayed until sept 1986; ~2yrs after prelim hearing. When trial began, a moved for a stay of proceedings on the grounds of unreasonable delay. Trial judge granted the stay + indicated institutional problems were a major cause of delay (lack of courtrooms/judges/crown. Decision of court: scc found that the delays were indeed unreasonable + directed a stay of proceedings. Longer = more difficult to excuse; lengthy delays are prima facie excessive + cannot be excused. Delays owing to actions of the crown weigh in favour of the accused. Delays owing to inadequate institutional resources weigh against the crown; burden to justify falls upon crown.
