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Impact of new Supreme Court ruling regarding trial limits?
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PostPosted: Fri Jul 08, 2016 10:47 pm 
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Joined: Tue Sep 29, 2015 11:58 am
Posts: 2
Hey all,

Just curious if anyone has any thoughts on today's Supreme Court ruling "clarifying" limitations for criminal and provincial trial maximum timelines. This appears to supersede R v. Askov and R v. Morin, based on a light read of the press coverage. Given my lack of legal background, was curious if anyone could speak to how this impacts the reasonableness test of time to first appearance/trial, which has been somewhat variable since Morin, AFAIK.

Looks like this is time to trial COMPLETION, and all based on crown delays, but I am not claiming to be expert on reading the actual published opinion/dissent. No idea if this impacts initial time for scheduling, courts that schedule first appearance/reschedule trial, etc. Appears limit for "provincial" offences is now 18 months to trial completion.

Not sure how Morin has been applied of late either, haven't really been paying attention to charter defence successes for last few years.

Not sure if this is beneficial/detrimental from a defence perspective. Thoughts/interpretations welcome!


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Re: Impact of new Supreme Court ruling regarding trial limit
PostPosted: Sun Jul 10, 2016 12:04 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 526
Location: Ontario
As I understand it, after a set amount time it is presumed by the court that the length of time on its own infringes on your right to a fair trial. It would be up to a prosecutor to prove otherwise. I didn't take it as taking away the current system where the accused can argue and must prove prejudice exists in the trial taking more than 1 year to dispose of for traffic tickets.


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Re: Impact of new Supreme Court ruling regarding trial limit
PostPosted: Tue Jul 26, 2016 10:43 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1655
Here is the case that explains the new rulling:
R. v. Jordan 2016 SCC 27
http://scc-csc.lexum.com/scc-csc/scc-cs ... 7/index.do

And here is the following case that also applied the new ruling:
R. v. Williamson - 2016 SCC 28
http://scc-csc.lexum.com/scc-csc/scc-cs ... 0/index.do

So it is talking about a "presumptive ceiling" of 18 months but I do not believe this affects the Provincial Offences of where it is now (I think 8 to 10 months). I have not fully read both cases yet, so this is just my initial impression.

It says:
The Morin framework for applying s. 11 (b) has given rise to both doctrinal and practical problems, contributing to a culture of delay and complacency towards it. Doctrinally, the Morin framework is too unpredictable, too confusing, and too complex. It has itself become a burden on already over‑burdened trial courts. From a practical perspective, the Morin framework’s after‑the‑fact rationalization of delay does not encourage participants in the justice system to take preventative measures to address inefficient practices and resourcing problems.

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+++ This is not legal advice, only my opinion +++


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Re: Impact of new Supreme Court ruling regarding trial limit
PostPosted: Tue Jul 26, 2016 1:22 pm 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 711
" A new framework is therefore required for applying s. 11 (b). This framework is intended to focus the s. 11 (b) analysis on the issues that matter and encourage all participants in the criminal justice system to cooperate in achieving reasonably prompt justice, with a view to fulfilling s. 11 (b)’s important objectives."

Note CRIMINAL justice system. Nothing to see here, move along.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Impact of new Supreme Court ruling regarding trial limit
PostPosted: Wed Jul 27, 2016 12:24 am 
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Joined: Tue Sep 29, 2015 11:58 am
Posts: 2
argyll wrote:
" A new framework is therefore required for applying s. 11 (b). This framework is intended to focus the s. 11 (b) analysis on the issues that matter and encourage all participants in the criminal justice system to cooperate in achieving reasonably prompt justice, with a view to fulfilling s. 11 (b)’s important objectives."

Note CRIMINAL justice system. Nothing to see here, move along.


That's a good catch. Thanks all respondents for their feedback. Love this forum :)


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Re: Impact of new Supreme Court ruling regarding trial limit
PostPosted: Thu Mar 16, 2017 9:04 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1655
Does anybody know where the 10 to 12 months thing comes from? Is there it just based on Askov and Morin cases or are there some newer cases (before Jordan) that set that limitation?

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+++ This is not legal advice, only my opinion +++


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