What is the test for prejudice analysis in the context of security interests?
Ontario, Canada
The following excerpt is from R. v. Schertzer, 2008 CanLII 3230 (ON SC):
The second aspect of the prejudice analysis is the security interest, that is, the right of an individual to security of the person. In Mills v. The Queen, supra, Mr. Justice Lamer defined the security interests in this context in the following terms, at p. 538: “In this context, the concept of security of the person is not restricted to physical integrity; rather, it encompasses protection against ‘overlong subjection to the vexations and vicissitudes of a pending criminal accusation’: [citation omitted]”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law that supports the argument that a public interest inquiry is in the "public interest" context? (Ontario, Canada)
Does a condominium corporation have an interest in common common interest with other condominium residents? (Ontario, Canada)
What is the test for habeas corpus to challenge a decision not to transfer an inmate from a maximum security facility to a medium security facility? (Ontario, Canada)
Is there any prejudice in the absence of prejudice? (Ontario, Canada)
Does a purchaser for value at a sheriff's sale who registers prior to registration of a prior unregistered beneficial interest have priority over the beneficial interest? (Ontario, Canada)
What is the case law on half interest in a property where a plaintiff is not entitled to one half interest? (Ontario, Canada)
In a non-Hague Convention case, what is the test for a stay of a return order where the parties' best interests of the child are compromised by postponing the determination of the children’s best interests in the country where they are habitually resident? (Ontario, Canada)
Is postjudgment interest payable upon a judgment which awards prejudgment interest? (Ontario, Canada)
How have courts interpreted the term "financial interest" in the context of a contested will? (Ontario, Canada)
What are the purposes of discovery and analysis in the context of discovery? (Ontario, Canada)
