Unreasonable Delay as Legal Defence
Breach of the to be tried within a reasonable time or without
unreasonable delay (Section 11(b) of the Charter of Rights and Freedoms).
What this Means
The Canadian Charter of Rights and Freedoms sets out certain rights that a person has. Section 11(b) of The Charter protects every person’s right to be tried within a reasonable time.
Section 11(b) of the Charter applies to the period of time between the laying of the charge(s) against you and the completion of your case (excluding any appeals).
If we are successful at establishing a breach of your right to be tried within a reasonable time under section 11(b) of the Charter, the remedy is a stay of proceedings meaning that the case against you is thrown out.
At Every Defence, we have successfully defended hundreds of cases by showing that our clients’ rights under the Charter were breached.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.