Is a trial judge required to consider the reason for the delay in dealing with the first step in the two-segment test?
British Columbia, Canada
The following excerpt is from R. v. Lind, 2007 BCPC 196 (CanLII):
I have some difficulty in deciphering from Regina v. Morin, which I have reviewed several times, whether a trial judge in dealing with the first step in the two-segment test is to consider the reason for the delay in light of the above finding of Sopinka J. on the facts of Morin and his express statement that this inquiry “reasons for the delay” follows a finding on the length of delay.
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