Charter Vocabulary Test: Tuesday, March 6, 2018
Essay Outlines Due: Monday, March 5, 2018
Furthering our discussion from yesterday:
The right to be tried in a reasonable time
In December 2008, Barrett Jordan was arrested and charged with
offences relating to possession and trafficking. It was not until
February 2013 that he was finally convicted of five drug-related
offences. The total delay between the charges and the end of trial was
over 49 months. During his trial, Jordan asked to stay the proceedings,
which is a request to stop the case from moving forward. He believed
that the delay violated his right to be tried within a reasonable time.
The Supreme Court agreed that the delay was too long for a simple
drug trial. As a result, the Court created new guidelines to decide
whether a delay is reasonable or unreasonable. According to the default
guidelines,
a case should be tried within 18 months in provincial
court and 30 months in superior court. These
delays can only be
exceeded in exceptional circumstances. While building on previous
decisions that had already had a significant impact on the justice
system, the majority made it clear they did not think enough had yet
been done to eliminate complacency toward delay, recognizing that delay
has a negative impact on the accused, victims of crime and society’s
interest in seeing justice is done.
R v. Jordan, 2016 SCC 27
- Reason for delays by the defense: Psychological evaluations, fact gathering, waiting for results or establishing witnesses etc.
- When it is a delay by the crown it is only acceptable when there are exceeding circumstances.
Bountiful BC is Polygamy a Charter Issue: Discussion (case study
Here are some informative links on to read about how it has evolved since 2003.
The Tyee and the Lost Boys May 26, 2006
National Post April 17, 2017 (timeline near end of article)
The Economist May 2, 2018
Verdict: Vancouver Sun July 24, 2018