R. v. Amin

canada, canadian, case law, court opinion, canlii, ykca, 2025ykca10, 2025 ykca 10 (canlii), 2025, ykca, 10, (canlii), 23-yu910, 2025, constitution, charter of rights, section 11(b), right to trial within a reasonable time, appellant alleged violation of s. 11(b) of the charter due to delays exceeding the jordan presumptive ceiling, whether the trial judge erred in attributing delays to the defence or finding exceptional circumstances, framework for assessing delay under r. v. jordan, canadian charter of rights and freedoms, s. 11(b), criminal procedure, delay, attribution of delay to defence, trial judge attributed 32 days of delay to defence counsel’s unavailability for proposed trial dates, whether the trial judge erred in attributing delay to the defence, defence obligations to avoid further delay after crown misconduct, r. v. jordan framework for defence delay, criminal procedure, exceptional circumstances, rescheduling of silverfox trial, trial judge found that the delay caused by the rescheduling of a first, degree murder trial constituted an exceptional circumstance, whether the delay was reasonably unforeseen or unavoidable, application of jordan principles to institutional capacity in small jurisdictions, criminal procedure, delay calculation, attribution of 161 days to exceptional circumstances, trial judge attributed 161 days of delay to the rescheduling of the silverfox trial, whether the trial judge erred in calculating the length of delay caused by exceptional circumstances, deference to trial judge’s factual findings under jordan, criminal procedure, unreasonable delay below jordan ceiling, appellant argued that the total delay, though below the presumptive ceiling, was nonetheless unreasonable, trial judge found no sustained effort by defence to expedite proceedings, rare cases where delay below the ceiling violates s. 11(b), canadian charter of rights and freedoms, s. 11(b)