Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"

In addition to the right to make full answer and defence, any person “has the right to be tried within a reasonable time”. The recent decision by the Supreme Court of Canada in ''[https://www.canlii.org/en/ca/scc/doc/2016/2016scc27/2016scc27.html?searchUrlHash=AAAAAQAKciB2IGpvcmRhbgAAAAAB&resultIndex=1 R v Jordan]'', 2016 SCC 27, has addressed the issue of what constitutes a “reasonable time”. ''Jordan'' created a presumptive ceiling, beyond which any delay is presumed to be unreasonable, of 18 months for matters proceeding in provincial courts, or 30 months for matters proceeding in superior courts.  

The appropriate remedy for the State’s breach of one’s s. 11(b) rights is a judicial stay of proceedings arising from s. 24(1) of the ''Charter''. One can make a ''Charter'' challenge for the breach of s. 11(b) under the ''Constitutional Question Act'', RSBC 1996, c. 68, which requires that notice of this challenge be given to both Provincial and Federal prosecutors.