Canada Judgment

Supreme Court of Canada

R. v. Bennett

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Source document

01

Holding and result

Applying the Morin factors, the Court concluded the delay was not unreasonable and dismissed the appellant's appeal, rejecting the appellant's emphasis on statistical evidence.

Court disposition

Appeal dismissed

Orders

  • Appeal dismissed

02

Material facts

Parties

Reginald Bennett

Appellant Counsel: Melvyn Green

Her Majesty the Queen

Respondent Counsel: David Butt

Amounts and remedies

  • Case Number: 22,532

03

Procedural history

  1. Posture

    Charter Criminal Appeal / Appeal to the Supreme Court of Canada

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued the delay was unreasonable, relying on statistical evidence to demonstrate a breach of s.11(b) and that the trial judge should have stayed the proceedings.
Respondent
The Crown argued the Morin factors demonstrated the delay was not unreasonable and that the Court of Appeal correctly overturned the stay.

05

Court’s reasoning

  1. 01

    R. v. Morin, [1992] 1 S.C.R. 771

    Framework for analyzing s.11(b) delays: factors to consider including length, explanation, prejudice and waiver

  2. 02

    Canadian Charter of Rights and Freedoms s.11(b)

    Accused's right to trial within a reasonable time guaranteed by s.11(b) of the Canadian Charter of Rights and Freedoms

06

Ratio, limits and disposition

Ratio decidendi

Applying the Morin factors, the Court concluded the delay was not unreasonable and dismissed the appellant's appeal, rejecting the appellant's emphasis on statistical evidence.

Obiter and limits

  • The Court cautioned against overemphasis on statistics in s.11(b) analysis
  • The Morin principles govern the assessment of delay in Charter s.11(b) cases

Court disposition

Appeal dismissed

  • Appeal dismissed

Source and reliance status

Supreme Court of Canada · 5 June 1992

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Judgment reading view

Judgment text

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Source document

Supreme Court of Canada

Judgment· 5 June 1992

[1992] 2 SCR 168

R. v. Bennett Collection Supreme Court Judgments Date 1992-06-05 Report [1992] 2 SCR 168 Case number 22532 Judges L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley; Iacobucci, Frank On appeal from Ontario Subjects Constitutional law Notes SCC Case Information: 22532 Decision Content R. v. Bennett, [1992] 2 S.C.R. 168 Reginald Bennett Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Bennett File No.: 22532. 1992: June 5. Present: L'Heureux‑Dubé, Sopinka, Gonthier, McLachlin and Iacobucci JJ. on appeal from the court of appeal for ontario Constitutional law ‑‑ Charter of Rights ‑‑ Trial within a reasonable time ‑‑ Delay in this case not unreasonable. Cases Cited Applied: R. v. Morin, [1992] 1 S.C.R.

771. APPEAL from a judgment of the Ontario Court of Appeal (1991), 3 O.R. (3d) 193, 46 O.A.C. 99, 64 C.C.C. (3d) 449, 6 C.R. (4th) 22, 7 C.R.R. (2d) 145, allowing the Crown's appeal from a stay of proceedings ordered by Stortini J. (1990), 11 W.C.B. (2d) 461. Appeal dismissed. Melvyn Green, for the appellant. David Butt, for the respondent. The judgment of the Court was delivered orally by //L'Heureux-Dubé J.// L'Heureux‑Dubé J. ‑‑ It will not be necessary to hear from you Mr. Butt. The Court is ready to hand down judgment. The judgment will be pronounced by Mr. Justice Sopinka. //Sopinka J.// Sopinka J. ‑‑ This appeal as of right is governed by the principles expressed in R. v. Morin, [1992] 1 S.C.R. 771, released March 26, 1992. We do not share the views of the appellant with respect to the emphasis placed on statistics. Applying the factors in Morin, we agree with the conclusion reached by the Court of Appeal that there was no unreasonable delay in this case. The appeal is therefore dismissed. Judgment accordingly. Solicitors for the appellant: Ruby & Edwardh, Toronto. Solicitor for the respondent: The Attorney General for Ontario, Toronto.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

R. v. Morin, [1992] 1 S.C.R. 771

Case cited

Canadian Charter of Rights and Freedoms s.11(b)

Legislation

Legislation referenced in the available case record.

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