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Environment • Aboriginal • Energy


September 27, 2016

Unreasonable Delay and Environmental Prosecutions

Companies and individuals who may be charged with environmental offence, often ask how long the legal proceedings may last.  In the event the defendant and Crown are unable to reach an agreement to resolve the charge(s), how long will it take for the matter to proceed to trial?  The right to be tried within a reasonable time is a constitutionally protected right under the Canadian Charter of Rights and Freedoms.  The Supreme Court of Canada recently set an upper limit of 18 months as the presumed ceiling for a reasonable time to trial.

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