What analysis is required to assess the impact of a delay in completing an application under s. 11(b) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Malcolm, 2010 ONCJ 211 (CanLII):
[28] As noted in Regina v. Morin, the analysis that is required is not a mechanical exercise. It involves a judicial balancing of the length of the delay as assessed in light of the identified factors and the interests protected by s. 11(b). It does not simply involve listing factors and what is important is how those factors interact and what weight is to be accorded to each.
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