Question: points for debate Against Ceiling on the Limit a Case Should Get To Trial. Right to be tried within a reasonable time The Charter of
points for debate Against Ceiling on the Limit a Case Should Get To Trial. Right to be tried within a reasonable time The Charter of Rights and Freedoms (s. 11b) guarantees everyone charged with an offence to be tried within a reasonable time. In a landmark case, the Supreme Court of Canada, in its ruling in the Jordan case, placed a presumptive ceiling on the length of delay allowable between charged and the actual or anticipated end of trial. Once the presumptive ceiling is exceeded it is the burden of the Crown to rebut the presumption of unreasonableness. The Supreme Court specifically stated the Crown can no longer use the seriousness or gravity of the offence or chronic institutional delay to rebut the presumption of unreasonableness. This ruling dismisses a previous Supreme Court ruling in the 1992 Morin case. This ruling of the Supreme Court effectively protects the rights of those charged with an offence but fails to adequately protect the rights of victims and Canadian society. So is this issue concerning delays reasonable or not
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