MBCA analysis on R. v. Jordan

by Karen Sawatzky | Jul 7, 2017 | Criminal Law, Delay

The Manitoba Court of Appeal released a decision that contained a significant analysis of what constitutes a delay in court proceedings, and whether it warrants a dismissal.  R. v. Schenkels, 2017 MBCA 62 originated as an appeal of a conviction by a jury for aggravated sexual assault, but also claims delay. Hamilton, J.A. also cites the even more recent Supreme Court of Canada decision of R. v. Cody, 2017 SCC 31.

These decisions demonstrate how long it takes for a matter to go from a charge to an acquittal or conviction. Guidance from the Court of Appeal should help keep it in check.