Justice Delayed: A Practitioner's Guide To Section 11 (b) Of The Charter (Print & ProView)

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Discover how to effectively litigate your case in the new era on delay with Justice Delayed: A Practitioners Guide to Section 11(B) of The Charter. Written by three recognized experts in the prosecution and defence of criminal cases, this title is your detailed, practical guide to navigating the 11(b) jurisprudence since Jordan. Youll find answers to the legal issues arising under the new regime that have been settled at the appellate level, as well as lower court judgments across the country on legal issues that have yet to be resolved helping you to strategically prepare your case. Draft facta and reference to applicable courts rules are included, making this book an invaluable resource for the Crown, defence counsel, and judges litigating 11(b) applications. This text identifies the questions that Jordan does not answer:

  • Do calculations of the total delay include time taken for sentence proceedings
  • Is the ceiling different for youth matters
  • What is the effect of interlocutory proceedings such as applications for certiorari

There are many new concepts introduced by Jordan, all of which are helpfully explained in this work, with comprehensive reference to existing case law from across Canada, such as the concept of defence delay. There is also a comprehensive review of what can constitute exceptional circumstances justifying delay in excess of the ceiling, as well as the discussion of what meaningful steps to expedite the proceeding can render delay unreasonable. Finally, there are helpful practical tips for Crown and defence counsel with respect to creating a proper record and, importantly, how to fulfil the responsibility Jordan imposes on all justice system factors to minimize delay where possible. This includes a chart of Applicable Rules of Court from across Canada, a sample Applicants Factum, and a sample Respondents Factum to ensure accuracy and efficiency at each stage of trial.


Practice Area:
Criminal law & procedure


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