Section 11(b) of the Canadian Charter of Rights and Freedoms is to guarantee the right to a fair trial for anyone tried criminally on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial begins in court, the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors that could lead to criticism against either the Crown or the accused. This essay will examine the case of R. v. Morin of the Supreme Court of Canada. In this case, the defendant was charged with impaired driving and the trial date was set 399 days after the date set by the judge. In total, this occurred 444 days after the defendant was charged with drunk driving. The final verdict in this case set a precedent in the justice system due to the decision of the Ontario Court of Appeal which ruled that the trial delay was reasonable due to the absence of prejudice to the accused during this period. This essay will analyze the whole affair. R. v. Morin and assess the facts, issues and positions of the Crown and the accused. The decisions made during this case and the reasons that ultimately led to the final verdict of the Ontario Court of Appeal. This essay will evaluate the decision as to whether the delay in R. v. Morin and the cases for which she set precedent were valid decisions made by the court. This assessment will describe the arguments made by both sides during these trials. He will explain how the court's decision to determine that the trial delay was reasonable was the correct decision and that section 11(b) of the Charter was not violated. The essay will also discuss the court cases R. v. Godin...... middle of document ...... from the length of the delay, the prejudice to the accused can be deduced from the length of the delay. as established in R. v. Morin. Morin's review of the guidelines made the decision and since the guidelines provided for an institutional delay of 8 to 10 months, in this case the court found that the Crown was responsible for 23 months of delay. The court did not provide a reason for the 23-month delay and, because it exceeded the Morin Guidelines, the court concluded that the delay was unreasonable and that the accused's right under section 11(b) of the Charter had been violated and that the trial had taken place within a reasonable time. the deadline was violated and denied.Personal AnalysisI consider the guidelines derived from R. v. Morin as a turning point in the judicial system regarding how to decide on an unreasonable delay and clarify the right guaranteed by section 11(b) of the Charter..

Essay / Section 11(b) of the Canadian Charter of Rights and Freedoms is to guarantee the right to a fair trial for anyone tried criminally on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial begins in court, the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors that could lead to criticism against either the Crown or the accused. This essay will examine the case of R. v. Morin of the Supreme Court of Canada. In this case, the defendant was charged with impaired driving and the trial date was set 399 days after the date set by the judge. In total, this occurred 444 days after the defendant was charged with drunk driving. The final verdict in this case set a precedent in the justice system due to the decision of the Ontario Court of Appeal which ruled that the trial delay was reasonable due to the absence of prejudice to the accused during this period. This essay will analyze the whole affair. R. v. Morin and assess the facts, issues and positions of the Crown and the accused. The decisions made during this case and the reasons that ultimately led to the final verdict of the Ontario Court of Appeal. This essay will evaluate the decision as to whether the delay in R. v. Morin and the cases for which she set precedent were valid decisions made by the court. This assessment will describe the arguments made by both sides during these trials. He will explain how the court's decision to determine that the trial delay was reasonable was the correct decision and that section 11(b) of the Charter was not violated. The essay will also discuss the court cases R. v. Godin...... middle of document ...... from the length of the delay, the prejudice to the accused can be deduced from the length of the delay. as established in R. v. Morin. Morin's review of the guidelines made the decision and since the guidelines provided for an institutional delay of 8 to 10 months, in this case the court found that the Crown was responsible for 23 months of delay. The court did not provide a reason for the 23-month delay and, because it exceeded the Morin Guidelines, the court concluded that the delay was unreasonable and that the accused's right under section 11(b) of the Charter had been violated and that the trial had taken place within a reasonable time. the deadline was violated and denied.Personal AnalysisI consider the guidelines derived from R. v. Morin as a turning point in the judicial system regarding how to decide on an unreasonable delay and clarify the right guaranteed by section 11(b) of the Charter..

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