What is considered presumptively unreasonable regarding delays in provincial cases without a preliminary inquiry?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In the context of delays in provincial cases without a preliminary inquiry, the understanding of what constitutes a presumptively unreasonable delay is shaped by the legal standards established by the Supreme Court of Canada, particularly in the case of R v Jordan. According to the guidelines laid out in that ruling, a delay of more than 18 months is deemed presumptively unreasonable for charges that are not proceeding through a preliminary inquiry.

The rationale behind this 18-month threshold is based on balancing the rights of the accused to a timely trial against the necessity of ensuring public safety and the efficient administration of justice. Delays beyond this mark can undermine the integrity of the judicial process, potentially infringing on the rights of the accused to be tried within a reasonable time.

In this case, 12 months, 24 months, and 30 months would not align with the established standard for presumptive unreasonableness as recognized in current legal practice, which is why they do not represent the correct answer. The 18-month timeframe strikes a balance between the expectations of a swift trial and the complexities involved in the justice process, highlighting the system's obligation to avoid unnecessary delays.

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