LAWS 3306 Lecture 4: LAWS3306 Week 4 Lecture Notes
28 Oct 2018
School
Department
Course
Professor
Document Summary
Section 11(b: right to be tried within a reasonable time, primary purpose = to protect . Issue: what defines reasonable time": right of security of the person, right to liberty, right to a fair trial. Section 7 disclosure: right to life, liberty & security of the person, right to disclosure evolved from wording of s. 7. 4: put significant onus on accused to prove prejudice + to do what they can through lawyer to get the matter through the system asap, godin & lahiry culminate in the jordan decision. & stay can occur: crown can rebut by relying on , exceptional circumstances or discrete event that is reasonably unforeseen/unavoidable, cannot be reasonably remedied, case was particularly complex, after jordan, gov"t began pouring money into the system & courts. After-stinchcombe: left a number of unanswered questions for the justice system, scc ruled stay of proceedings not appropriate bc. Substantive criminal law charter & murder provisions.
