Case Summary: R. v. Hanan addresses the violation of the right to a trial within a reasonable time under s. 11(b) of the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada allowed the appeal, setting aside the convictions and ordering a stay of proceedings due to an unreasonable delay of about 35 months, contrary to the Charter's standards.
Key Points:
The trial's delay was not justified by transitional exceptional circumstances.
The Crown's refusal to proceed with a judge-alone trial, despite being warned of delay consequences, contributed significantly to the delay.
It is incorrect to characterize all delay until the next available trial date as defense delay; relevant circumstances must be considered to apportion delay among participants.
