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Canadian Charter of Rights and Freedoms , section: 11 (b)

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Constitutional Rights, Right to Trial Within a Reasonable time

11. Any person charged with an offence has the right

(b) to be tried within a reasonable time;

Comments : Where trial delay exceeds 12 to 14 months in Ontario Court, defence may wish to consider bringing an application for a stay of proceedings for unreasonable delay. Consider the following factors:

(i)The Length of the Delay.

(ii)Explanation for the Delay.

(a) Delays Attributable to the Crown.

(b) Systemic or Institutional Delays.

(c) Delays Attributable to the Accused.

(iii) Waiver.

(iv)Prejudice to the Accused.

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