What is the test for security of the person under s. 11(b) of the Criminal Code of Canada?

Ontario, Canada


The following excerpt is from R. v. Crawford and Gonzalez, 2014 ONSC 6544 (CanLII):

In Mills v. The Queen, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863 at pp. 919-920 , the court adopted the following description of what is meant by the phrase "security of the person" in the context of s. 11(b): It encompasses protection against “overlong subjection to the vexations and vicissitudes of a pending criminal accusation”. These include stigmatization of the accused, loss of privacy, stress and anxiety resulting from a multitude of factors, including possible disruption of family, social life and work, legal costs, uncertainty as to the outcome and sanction. These forms of prejudice cannot be disregarded nor minimized when assessing the reasonableness of delay.

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