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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My grandson has been in jail than 18 months and s legal aid

Customer Question

My grandson has been in jail for more than 18 months and his legal aid lawyer has not had a trail for him yet,is there a time limit on how long he should be locked up without being able to defend himself?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

There is no "time limit" per se, but there is a provision of the Charter that provides that everyone charged with an offence must be tried "within a reasonable time". What is a "reasonable time" depends on the case, but 18 months seems extremely long. If the delay is for reasons attributable to the prosecution (e.g. taking to long to provide the evidence), or delay in obtaining a trial date, then the charges may be stayed (i.e. ceased) as his rights may have been violated. The section I am referring to is 11(b) of the Charter, and a new case- R. v. Jordan- just came out from the Supreme Court which sets out the framework.

Expert:  Daniel Freudman replied 1 year ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much

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