What is the relevant time frame for calculating a delay under s. 11(b) of the Criminal Code of Canada for the purpose of computing a reasonable trial within a reasonable time?
British Columbia, Canada
The following excerpt is from R. v. Millar, 2016 BCSC 1887 (CanLII):
As I have indicated in Mills v. The Queen, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863, which has been handed down this same day, the time frame to be considered in computing trial within a reasonable time generally runs only from the moment a person is charged. In passing, I might add that I say "generally" because there might be exceptional circumstances under which the time might run prior to the actual charge on which the accused will be tried. As an example, if the Crown withdraws the charge to substitute a different one but for the same transaction, the computation of time might well commence as of the first charge. This is not in issue here and reference to this situation is only illustrative of my resort to the word "generally". Consequently, the period running from April 3, 1980 to January 28, 1983, should not have been taken into consideration when assessing the reasonableness of the delay under s. 11(b).
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