Right to be tried within a reasonable time

Section 11(b) provides that

Section 11(b) can be taken to provide a right to a speedy trial.^[3] The criteria by which the court will consider whether the rights of an accused under this provision have been infringed were set out in R. v. Askov (1990). In R. v. Morin, [1992] 1 S.C.R. 771, the Supreme Court of Canada clarified the test set out in Askov, noting that the accused bears a certain onus to demonstrate actual prejudice as a result of delay. In cases of very extensive delay, however, the court found that prejudice could be inferred.

Later, in R. v. Finta (1994), the Supreme Court clarified that the period of "unreasonable delay" begins at the time the charge is laid. This was in response to a case in which charges were laid 45 years after the alleged offences occurred; and that this was suggested to be an unreasonable delay. Reasonableness depends, in part, on the amount of investigative work that is involved, the number of interested parties and their locations, and/or the complexity of the case. Reasonableness also relates to local court resources and/or how they compare to other jurisdictions. Other elements in determining reasonableness of delay could include delays by either the Crown attorney or defense counsel, or even the Court itself.

In R. v. Jordan (2016), the Supreme Court established that a delay longer than 18 months from when a charge is laid to the trial's completion is "presumptively unreasonable" and any delay by the Crown beyond that time that is not justified by exceptional circumstances that are either unforeseeable or beyond the Crown's control must result in a stay of proceedings. When a preliminary inquiry is held or the accused is tried in superior court, the presumptive ceiling is extended to 30 months.^[4]