Limits on Institutional Resources

When examining the reasons for the delay, the court will consider if limits on institutional resources contributed to the problem. The legal system is often stretched so thin between a huge quantity of cases that it takes months longer for a case to be heard than it should. This is unacceptable as the government has a constitutional obligation to commit sufficient resources to prevent unreasonable delay. There is a point in time after which the Court will no longer tolerate delay which results from resource limitations, as the Supreme Court of Canada stated in R. v. Morin. The limit suggested is one of eight to ten months, however, this merely acts as a guideline. Each matter will be looked at differently depending on the individual facts and circumstances of the case.

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