We meant what we said, when we described in R. v. Jordan last year, “a culture of complacency towards delay in the criminal justice system.” This could encapsulate what the Supreme Court of Canada signaled in its recent decision in R. v. Cody, where they rejected submissions by interveners by provincial governments to provide greater flexibility in applying unreasonable delay.
Section 11(b) of the Charter was always expected to be interpreted judicially as to what a reasonable delay in our justice system meant. The highly subjective nature of prejudice under the previous 1992 Morin framework was also unpredictable, as . . . [more]