Wednesday, August 8, 2012

11(b) delay runs to end of trial

R. v. Gordon, 2012 ONCA 533 is a useful source for the principle that the calculation of 11 (b) delay runs to the end and not the start of trial:

Section 11(b) of the Charter

[1] The trial judge made one error that potentially impacted negatively on the appellant’s s. 11(b) claim. The trial judge stopped the constitutional clock at the time of the motion. In fact, as conceded by the Crown, the clock ran until the completion of the trial, some three months later.

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