[JURIST] The Supreme Court of Canada [official website] on Thursday overturned [decision] a man’s drug possession and trafficking conviction because he had been made to wait too long for his trial. The man, Shane Vassal, had waited three years before his three day trial was held, leading the court to the conclusion that he was denied the right to be tried within a reasonable time in violation of s.11 of the Canadian Chart of Rights and Freedom [materials]. Justice Michael Moldaver [official profile], writing for the court, stated that, in considering a legal case, “courts must be careful not to miss the forest for the trees,” and that “[l]ooking at this forest – that is, the overal delay in a case of moderate complexity – [he is] satisfied that the delay was unreasonable.” Adding to the courts rationale was the fact that Vassal had taken “proactive steps…to have his case tried as soon as possible.” After discussing the inability of Vassal to move the case along, despite his varied efforts, and the actions of his six co-accused to cause the delay, the court allowed the appeal and issued a stay of proceedings.

The right to a speedy trial has been a developing issue within recent American jurisprudence as well. In May the United States Supreme Court ruled [JURIST report] that its Sixth Amendment right to a speedy trial guarantee did not extend beyond conviction. In October of 2013 a federal appeals court upheld [JURIST report] the conviction of a former Guantanamo prisoner against claims that his detainment and interrogation by the CIA held up his trial. In May of 2011 the Supreme Court also issued a decision [JURIST report] to the detriment of the right to a speedy trial, stating that time delays in regards to pre-trial motions were also excluded