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Right To a Speedy Trial

Your right to a speedy trial is the colloquial version of section 11(b) of the Charter of Rights and Freedoms which gives every citizen the right to a trial within a reasonable period of time.

Recently the court has come out with case law that has effectively changed the way that right has been interpreted, but more or less it’s not something you have to be concerned with at the beginning of litigation. It’s something that occurs as a result of delays during litigation, so when litigation is ongoing and for some reason there are delays, often times litigation can go for 9 months, 12 months, 15 months, and as soon as it starts going into that kind of time frame, I will then turn my mind to whether your right to a trial within a reasonable amount of time has been violated.

If it has, then there’s possible applications I can bring to have the matter stayed. If the matter is stayed, effectively speaking, you’re off the hook.


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