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Concept
Section 11 of the Canadian Charter of Rights and Freedoms
Summary
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
Section 11(a) provides that
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
The right of a person charged with an offence to be informed of the offence originated in section 510 of the Criminal Code as well as legal tradition. Some courts have used section 510 to help read section 11(a), concluding that the right allows for a person to be "reasonable informed" of the charge; thus it does not matter if a summons simply summarizes a charge.
In R. v. Nova Scotia Pharmaceutical Society the Supreme Court of Canada found that an open-ended statute (prohibiting companies from "unduly" lessening competition) was not a breach of Section 11(a).
In R. v. Delaronde (1997), the Supreme Court of Canada found section 11 (a) is meant not only to guarantee a fair trial but also to serve as an economic right. A person must be informed of charges quickly because they will then have to deal with their career and family life in light of the charges. Thus, those who suffer economically because of delayed information of charges have had their rights under section 11(a) infringed, and they may receive a remedy under section 24 of the Charter.
Section 11(b) provides that
11. Any person charged with an offence has the right...
(b) to be tried within a reasonable time;
Section 11(b) can be taken to provide a right to a speedy trial. The criteria by which the court will consider whether the rights of an accused under this provision have been infringed were set out in R. v. Askov (1990). In R. v. Morin, [1992] 1 S.C.R. 771, the Supreme Court of Canada clarified the test set out in Askov, noting that the accused bears a certain onus to demonstrate actual prejudice as a result of delay. In cases of very extensive delay, however, the court found that prejudice could be inferred.
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