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A Proactive Practitioner’s Guide to Section 11(b) of the Charter

A Proactive Practitioner’s Guide to Section 11(b) of the Charter

A Proactive Practitioner’s Guide to Section 11(b) of the Charter

Author: Tracy Kozlowski; Joanne Stuart
Publisher: Irwin Law
ISBN: 9781552217092
Published In: April 2024
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

RM344.52

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Description
Contents

Details

Since Canada's Supreme Court landmark decision in R v Jordan, a complex new body of jurisprudence has developed respecting how section 11(b) of the Canadian Charter of Rights and Freedoms is to be interpreted and how the Jordan framework should be applied.

A Proactive Practitioner’s Guide to Section 11(b) of the Charter provides a comprehensive and detailed review of the relevant case law, addressing issues including when section 11(b) is engaged, to what portion of proceedings the framework applies, how key concepts such as defence-caused delay and discrete exceptional circumstances are defined, how the impact of the pandemic has been accounted for, how section 11(b) is applied on sentencing, and considerations related to interlocutory proceedings and appeals.

The authors provide both an examination of the case law relevant to these issues as well as analysis and discussion related to outstanding questions yet to be settled by the courts. Accordingly, it will provide practitioners with ready answers, with a foundation to pursue legal argument related to section 11(b) of the Charter, and with a roadmap to areas still open to be litigated.

Foreword

Preface

Acknowledgements

Chapter 1: Introduction

Chapter 2: Application of the Jordan Framework

Chapter 3: Calculating the Total Delay Period

Chapter 4: Appeals and Extraordinary Remedies

Chapter 5: Post-trial Delay

Chapter 6: Waiver and Defence-Caused Delay

Chapter 7: Where Delay Exceeds the Ceiling — Exceptional Circumstances

Chapter 8: Where Delay Falls Below the Ceiling

Chapter 9: Transitional Exception (Charges Laid Before 8 July 2016)

Chapter 10: Remedy for Trial Delay

Chapter 11: Appellate Review

Suggested Reading

Table of Cases

Index

About the Authors

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