Inherent Time Requirements

The third criterion to be considered in an 11(b) application is the reasons for the delay. This is the most comprehensive factor, as the court will analyze the inherent time requirements of the case, the actions of the accused, the actions of the crown, limits on institutional resources, and any other reason for the delay. When examining the length of delay between commission of offence and date of trial, it is important to understand that each case has time requirements inherent to the court process. You have up to 15 days to determine which option on the back of your offence notice you wish to select, under s. 4 of the Provincial Offences Act the police officer has 7 days within which to file the certificate of offence (www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK5) , and there are implicit administrative delays during which various tasks, such as selecting court dates and filing documents, are completed. This time period will vary from case to case, and as stated in R. v. Dehaney, “the more complex a case, the more time will be required”. If, however, the institutional delay is significantly longer than normal cases of a similar nature, you could argue that the reasonable inherent time requirements of your matter have been exceeded, and as such your Charter rights have been violated. For mainly regulatory offences, you can state in your application that there are no inherent time delays associated with this offence as investigation began and stopped on the date of offence. It will then be up to the Justice of the Peace to determine how valid your claim is.

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