What is the test for damages suffered by an applicant at a Section 11(b) inquiry?
Ontario, Canada
The following excerpt is from R. v. K.E., 2010 ONSC 4147 (CanLII):
Prejudice suffered by the applicant is a central aspect of a Section 11(b) inquiry. Prejudice in this context has three elements: liberty as regards pre-trial custody or bail conditions; security of the person in the sense of being free from the stress and suspicion that accompanies a criminal charge; and the right to make full answer and defence, insofar as delay can prejudice the ability of the applicant to lead evidence, cross-examine witnesses or otherwise a defence (R v. Morin [1002] S.C.R. 711 at p. 801-3).
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