Section 11(b) of the Charter protects Canadians’ right to a speedy trial, stating that “any person charged with an offence has the right… to be tried within a reasonable time.”
The Supreme Court of Canada breathed life into this constitutional guarantee in 1990 with the Askov decision, ruling that a two-year delay in bringing four suspects to trial for extortion and firearms offences was a violation of their right to be tried within a reasonable time pursuant to Section 11(b). This led to a stay of proceedings against Askov and his co-accused, along with thousands of other accused persons throughout Ontario. It also set the stage for thousands of so called “Askov applications” across Canada in the subsequent years.
In 1992, the Supreme Court of Canada raised the bar for future Askov applications with the Morin decision. Although the length and cause of the delay remains a significant factor, the Supreme Court made clear in Morin that other factors must also be considered, and placed a certain onus on the accused to demonstrate that the delay prejudiced their defense or adversely affected them in some way.
Civil Forfeiture and the Standard of Proof
Unlike criminal proceedings, where an accused person must be presumed innocent until proven guilty and only punished once their guilt has been proven beyond a reasonable doubt, civil forfeiture proceedings operate on the balance of probabilities, meaning that the state must merely demonstrate that an individual has probably done something illegal in order to obtain forfeiture of their property.
Democratic Rights: A Broad Charter Guarantee
Summary: In Canada, the right to vote and participate in provincial and federal elections is robustly protected under Section 3 of the Charter of Rights and Freedoms. This article delves into the nuances of this protection, highlighting key legal interpretations and decisions that underscore the strength of democratic rights in Canada, contrasting it with other freedoms that face more limitations.
The Right to Counsel in Canada
Section 10(b) of the Canadian Charter of Rights and Freedoms preserves the right of a detained individual to contact counsel immediately upon arrest or detention, and simultaneously imposes a duty upon police to immediately inform individuals that they have this right.
