R. v. Morin

71 C.C.C. (3d) 1

Facts

SCC

14 1/2-month delay, Counsel for the accused explicitly requested ''the earliest possible trial date''. The trial was set for March 28, 1989. In response to a query from counsel as to whether this was ''the earliest date'', the presiding justice answered a simple ''yes'' ... Court of Appeal acknowledged that the sole source of delay in this case was attributable to limits on institutional resources

Reasons

SCC

1. the length of the delay; 2. waiver of time periods; 3. the reasons for the delay, including (a) inherent time requirements of the case; (b) actions of the accused; (c) actions of the Crown; (d) limits on institutional resources, and (e) other reasons for delay, and 4. prejudice to the accused.

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