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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. Franklin
3 O.R. (3d) 597
Facts
ON CA
arrested on June 21, 1987 and charged with impaired driving...letter addressed to Crown Attorney from a paralegal agent..the letter l informed the court dates in May, June and July of '88...July 31, 1987 set date for July 27, 88
Reasons
ON CA
although the appellant "accepted" a trial date of July 27, 1988, he did so on the basis that his agent Burd had been informed by the Crown Attorney that an earlier trial date was not available...Crown has not met the burden of proving that the appellant, with full knowledge of his right to an earlier trial as guaranteed by s. 11(b) of the Charter, either expressly or by implication waived that right.