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A Practical Guide to the Charter: Section 11(b)
This practical guide deals with section 11(b) of the Charter which guarantees the right to a trial within a reasonable period of time. It looks at relevant issues and authorities in a post-Jordan world.
Publication Language: English
Published: April 04, 2019
Publisher: LexisNexis Canada
“Section 11 – Proceedings in criminal and penal matters
11. Any person charged with an offence has the right
(b) to be tried within a reasonable time “
[Canadian Charter of Rights and Freedoms]
The decision that rocked the legal community
In R. v. Jordan, 2016 SCC 27 (Jordan), the Supreme Court of Canada fundamentally changed the way in which s.11(b) of the Charter of Rights and Freedoms was going to be interpreted and applied.
At its’ core, the new s.11(b) framework creates two presumptive ceilings within which criminal cases need to be brought to trial. Where cases are tried in the provincial courts across Canada, they presumptively must be completed within 18 months. Where cases are tried in the Superior Courts, they presumptively must be completed within 30 months.
Caselaw continues to evolve
A Practical Guide to the Charter: Section 11(b) by Alan Gold, Michael Lacy and Laura Metcalfe will alert readers to relevant issues and authorities in a post-Jordan world. Written as a starting point, the guide:
- Highlights the issues that counsel need to consider
- Lays the foundation for arguments that need to be considered and advanced
- Sets the stage for future arguments to come
Features
- Easy to use reference manual for preparing and arguing unreasonable delay applications in the post-Jordan era
- A cross-country review of the law regarding s.11(b) applications including transitional cases, re-trials, preferred indictments and “below ceiling cases”
- Includes useful case commentary, charts and precedents
Who should have this book
- Criminal Lawyers – to assist how they approach the timing and conduct of criminal trials
- Law schools – a valuable reference tool
Chapter 1 – The Basic Framework and How the Ceilings Apply
Chapter 2 – Defence Delay
Chapter 3 – Over the Ceiling Cases – Exceptional Circumstances
Chapter 4 – Below the Ceiling Cases
Chapter 5 – Using the Spirit of Jordan at the Sentencing Phase
Appendix A: Rules of the Court and Practice Directions
Appendix B: Precedents
Appendix C: Below the ceiling case chart
