What is the test for assessing the delay for s. 11(b) of the Criminal Code of Canada?
Ontario, Canada
The following excerpt is from R. v. Follows, 2013 ONSC 7771 (CanLII):
The parties also agree that assessing the delay for the purposes of s. 11(b) involves a balancing of the following factors from Morin v. The Queen, 1992 CanLII 89 (SCC), (1992) 71 C.C.C. (3d) 1 (S.C.C.) at 25: (1) The length of the delay. (2) The reasons for the delay. (3) Waiver of any time periods. (4) Prejudice to the accused.
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