S. 11(b) Flashcards
R. v. Allison, 2022 ONCA 329
Clock begins when Info is sworn =/= arrest
• Relies on SCC in R. v. Kalanj, [1989] 1 S.C.R. 1594 (39-43)
• Jordan follows Kalanj and did not change this.
R. v. Safdar, 2022 SCC 21
Time between conclusion of evidence/argument and 11(b) application doesn’t count
R. v. Boulanger, 2022 SCC 2
Where the court and the Crown are ready to proceed but the defence is not, the resulting delay is attributable to the defence (para. 64).
All participants in the criminal justice system, including the defence, must take a proactive approach in order to prevent unnecessary delay by targeting its root causes (Cody, at para. 36).
R. v. Charity, 2022 ONCA 226
Stay is the only remedy for an 11(b) breach
R. v. Simmons, 2020 ONSC 7209
• “There is no doubt that the COVID-19 public health crisis amounts to a discrete event. No reasonable person could contend otherwise.”
R. v. Belzil, 2021 ONSC 781
• “Finally, and without any reservation, the current COVID-19 pandemic is the quintessential discrete exceptional circumstance as defined in Jordan. It could not be foreseen or avoided, and nothing could be done to reasonably remedy, or mitigate the ongoing court delays arising out of this crisis.”
R. v. Truong, 2020 ONCJ 613
• If COVID-19 were not a discrete and exceptional circumstance, it would be difficult to conceive of anything that would be.
R. v. Hanan (SCC)
- Rejects “bright line rule” re: continuations and rescheduling in favour of a “contextual approach”
-Creates incentive for DEF to underestimate trial times
-Diminishes incentive for DEF to be flexible with schedules on rescheduling
R. v. L.L., 2023 ONCA 52
Application judge can take judicial notice of impact of covid-19 upon delays in their jurisdiction.
R. v. Hamblett, 2022 ONSC 5726
COVID Ripple effect = “pig in the python” not yet digested
