Question
give me points about (Rush to Judgment) (Impact on Complex Cases) for corns against debate regarding section 11 of charter please provide credible sources. Right
give me points about (Rush to Judgment) (Impact on Complex Cases) for corns against debate regarding section 11 of charter please provide credible sources.
Right to be tried within a reasonable time
Courts
Resolution:
The Charter of Rights and Freedoms (s. 11b) guarantees everyone charged with an offence to be tried within a reasonable time. In a landmark case, the Supreme Court of Canada, in its ruling in the Jordan case, placed a presumptive ceiling on the length of delay allowable between charged and the actual or anticipated end of trial. Once the presumptive ceiling is exceeded it is the burden of the Crown to rebut the presumption of unreasonableness. The Supreme Court specifically stated the Crown can no longer use the seriousness or gravity of the offence or chronic institutional delay to rebut the presumption of unreasonableness. This ruling dismisses a previous Supreme Court ruling in the 1992 Morin case.
This ruling of the Supreme Court effectively protects the rights of those charged with an offence but fails to adequately protect the rights of victims and Canadian society.
So is this issue concerning delays reasonable or not?
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