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Mills v R, [1986] 1 S.C.R. 863 is a leading constitutional decision of the Supreme Court of Canada concerning the right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and the meaning of a "court of competent jurisdiction" under section 24(1) of the Charter. The Court held that a thirty-one month delay was not unreasonable in the circumstances and that preliminary hearing judges are not within jurisdiction, superior courts can sometimes be within jurisdiction, and criminal trial courts were always within jurisdiction.

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  • Mills v R (en)
rdfs:comment
  • Mills v R, [1986] 1 S.C.R. 863 is a leading constitutional decision of the Supreme Court of Canada concerning the right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and the meaning of a "court of competent jurisdiction" under section 24(1) of the Charter. The Court held that a thirty-one month delay was not unreasonable in the circumstances and that preliminary hearing judges are not within jurisdiction, superior courts can sometimes be within jurisdiction, and criminal trial courts were always within jurisdiction. (en)
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Dissent
  • Dickson C.J. (en)
  • Wilson J. (en)
docket
JoinDissent
  • Lamer J. (en)
JoinMajority
  • Beetz and Chouinard (en)
citations
  • [1986] 1 S.C.R. 863 (en)
majority
  • McIntyre J. (en)
has abstract
  • Mills v R, [1986] 1 S.C.R. 863 is a leading constitutional decision of the Supreme Court of Canada concerning the right to a trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and the meaning of a "court of competent jurisdiction" under section 24(1) of the Charter. The Court held that a thirty-one month delay was not unreasonable in the circumstances and that preliminary hearing judges are not within jurisdiction, superior courts can sometimes be within jurisdiction, and criminal trial courts were always within jurisdiction. (en)
case-name
  • Mills v R (en)
Concurrence
  • La Forest J. (en)
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ruling
  • Appeal dismissed (en)
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