What is the test for having jurisdiction to proceed in a sexual assault case?
Manitoba, Canada
The following excerpt is from R. v. Smith (M.H.), 1988 CanLII 7220 (MB QB):
As noted by Lamer, J., in Rahey v. The Queen, supra, at p. 306 C.C.C.: If the accused has the constitu tional right to be tried within a reasonable time, he has the right not to be tried beyond that point in time, and no court has jurisdiction to try him or order that he be tried in violation of that right. After the passage of an unreasonable period of time, no trial, not even the fairest possible trial is permissible. To allow a trial to proceed after such a finding would be to participate in a further violation of the Charter."
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