What is the test for s. 11(b) of the Charter of Canada?
British Columbia, Canada
The following excerpt is from R. v. Bazinet, 2000 BCSC 1564 (CanLII):
In Regina v. Morin (1992), 1992 CanLII 89 (SCC), 71 C.C.C. (3d) 1; [1992] 1 S.C.R. 771, 12 C.R. (4th) 1 (S.C.C.) at p. 12, the general objects and purposes of s. 11(b) of the Charter were stated as follows: The individual rights which the section seeks to protect are: (1) the right to security of the person; (2) the right to liberty, and (3) the right to a fair trial. The right to security of the person is protected in s. 11(b) by seeking to minimize the anxiety, concern and stigma of exposure to criminal proceedings. The right to liberty is protected by seeking to minimize exposure to the restrictions on liberty which result from pre-trial incarceration and restrictive bail conditions. The right to a fair trial is protected by attempting to ensure that proceedings take place while evidence is available and fresh.
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