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". When assessing what constitutes "a reasonable time", a judge will look at (i.) the actions of the accused, (ii.) any prejudice to the accused caused by the delay, (iii.) institutional delay, (iv.) the interests designed to be protected, and (v.) the relative seriousness of the charge, in order to determine whether the administration of justice would be brought into disrepute by allowing the prosecution to continue in light of the delay (see ''R v Askov'', [1990] 2 SCR 1199, ''R v Morin'', [1992] 1 SCR 771, and ''R v Fagan'', 1998 CanLII 5018 (BCCA)).