LE DROIT AU PROCES RAPIDE

Abstract

Although its text is succinct, section 11 (b) of the Canadian Charter of Rights and Freedoms which embodies the American notion of "a speedy trial", raises numerous questions as to its interpretation. It is necessary to determine the nature of the concept of "reasonable time" What is the effect of section 11 (b) on a delay which began before April 17th, 1982, on a delay in laying the information, and on a delay in the adjudication of an appeal, and so on? The length of the delay will become the primary factor in the interpretation and application of section 11(b). The delay should be examined in a sequential manner in relation to its varied and multiple causes and in relation to the prejudice suffered. Thus, the application of section 11(b) will become of primary importance with respect to the nature of the appropriate remedy: by whom, when, where and how will the remedy will be obtained? This article attempts to give the appropriate answers to these questions.