LAWS 3306 Lecture Notes - Lecture 4: The Delay, Reasonable Time, Fundamental Justice
19 Feb 2016
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1) the charter application- deals with state misconduct within the criminal process in due process. Is what distinguishes the due process from the crime control model. Defence must prove there"s been a violation of rights through s. 8, 9 , 10 (a)&(b) if you prove there has been a violation then you the defence is looking for a remedy through s. 24 (2). The criminal process not the police (not violations of the officers) but with the criminal process we are dealing with procedural protections within our criminal justice system. A) s. 11(b)- right to be tried within a reasonable amount of time. Issue is it doesn"t define what reasonable amount of time is so it"s up to the courts to determine that. Morin scc 1992= said you need to look at 4 specific areas to determine whether or not delay is reasonable. 1) the length of the delay- how long the delay actually is.
