What can result from a violation of Section 11 of the Charter regarding unreasonable delay?

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A violation of Section 11 of the Charter, which guarantees the right to be tried within a reasonable time, can lead to a stay of proceedings. This legal remedy acknowledges that excessive delays can prejudice the accused, impacting their right to a fair trial. If a court finds that there has been an unreasonable delay, it may determine that continuing with the case would not serve justice.

A stay of proceedings effectively halts the prosecution of the case, preventing further legal action while upholding the principles of fairness and justice. This reflects the importance that the legal system places on timely prosecutions and the rights of individuals facing criminal charges.

While options such as civil penalties against the state or dismissal of the case suggest consequences for the violation, they do not align as directly with Section 11's provisions focusing on the right to a timely trial. A retrial with expedited processes does not address the initial delay issue but assumes a continuation of the judicial process that has already been found wanting. Thus, the stay of proceedings is the most appropriate result of an unreasonable delay under this section of the Charter.

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