Appeal Court Evidence Review
Summary
Courts of appeal primarily review errors made by the trial judge rather than reassessing all evidence. They examine the trial record to identify any legal mistakes that may have impacted the trials outcome. A Jordan application is a request to stay proceedings due to unreasonable delays, as established by the Supreme Court of Canadas decision in R. V. Jordan. The delay must exceed 18 months for provincial court or 30 months for superior court. The defense must demonstrate that the delay is unreasonable and affects the trials fairness.Full Conversation
A Jordan application
A Jordan application refers to a request to stay proceedings due to unreasonable delays, based on the Supreme Court of Canada's decision in R. v. Jordan.
Key Points:
- The delay must exceed the presumptive ceiling: 18 months for provincial court and 30 months for superior court.
- The defense must prove that the delay is unreasonable and affects the fairness of the trial.
Do you have details about the length of the delay in your case?