Friday, October 12, 2012

If you intend to claim delay is prejudicial you MUST object to trial delay

R. v. Findlater, 2012 ONCA 685 notes that accepting a trial date without comment may be taken as accepting the date is not problematic or at least not significantly problematic:

"It was not that the trial judge found no prejudice, only that he had not established the degree of prejudice claimed. As he said:

Where an accused does not suggest that a proposed trial date is going to cause unacceptable prejudice and accepts that date without comment, it’s reasonable to infer that significant prejudice will not occur. I draw that inference in all the circumstances here. [Emphasis added.]"


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