LAWS 3306 Lecture Notes - Lecture 3: Strict Liability, Absolute Liability, Culpable Homicide
14 Mar 2016
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1995 famous for dealing with third party records, and defines what is required for a stay of proceedings. Askov is charged with threatening, etc. in nov 1983. In may of 84 (6 months), askov is released on bail. He has a preliminary hearing in sept: his lawyers get a trial date oct 85. Because of institutional shortcomings, this trial doesn"t happen. Upon this trial, they asked for a stay of proceedings for violations of s11(b). The judge agreed. (the judges in that region were under struggle to expand and the government was not keeping up with the demand. The judges lobbied for more funding, but they were ignored. The court of appeal did not accept this, saying that the process was followed and that askov only applied for his own benefit. The scc overturned this appeal, saying that a person is innocent until proven guilty and that during this time, his livelihood was infringed.
