Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Alternative remedies to be considered

• 492.31 (1) A court shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances.

• Marginal note:Factors to be considered

  (2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court shall take into account the following factors:

  • (a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;

  • (b) the impact that a stay of proceedings is likely to have on any victim of the offence;

  • (c) the prejudice that has been or would be suffered by the accused or offender as a result of unreasonable delay;

  • (d) the public’s confidence in the administration of justice; and

  • (e) the interest that society has in having a final decision on the merits.