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Applying Jordan to environmental prosecutions

Thursday, January 19, 2017 @ 7:00 PM | By Bruce McMeekin

In July, the Supreme Court, in R. v. Jordan 2016 SCC 27, rewrote the analytical framework for claims of unreasonable trial delay. Departing from its approach in R. v. Morin [1992] 1 S.C.R. 771, the court found that prejudice to all three interests protected by s.11(b) of the Charter (liberty, security of the person and trial fairness) is to be presumed once the ceilings (exclusive of defence delay) of 18 (provincial court) and 30 months (Superior Court) are exceeded. The presumption is not rebuttable. Unless the...