[johnwojcik]

Can a trial be held for utter threat charges dating to 2008, I have had 3 canceled trial dates where two of them have been cancelled by the crown. I have been ill with failing kidneys where health and the length of time from the time of incidence has diminished my memory considerable to the point details have been lost and my testimony would provide a poor defense. I live in Manitoba is there a statue of limitation if that is what it is called to prevent a trial due to this long delay? How many years?

[tickle]

There are no "statute of limitations" for Canadian criminal charges. Sorry.

[Fr_Chuck]

Statue of limitation deals with the time from the crime to the time arrested, Not time to go to trial. Your attorney needs to try to get it moved into court. But honestly the longer you don't go to trail, the weaker the case gets and the easier it may be to have charges dropped.

[johnwojcik]

I found two information last night on the web,
Canadian Charter of Rights PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.
11. Any person charged with an offence has the right (b) to be tried within a reasonable time and more specific to a summary criminal matter
Summary Section 786 of the Criminal Code has a statute that prohibits persons from being tried for a summary conviction offence more than 6 months after the offence was committed unless both the prosecutor and defendant agree otherwise.
Section 786 states the following:
Application of Part 786. (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.
Limitation (2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree.
R.S. 1985, c. C-46, s. 786; 1997, c. 18, s. 110.

My charges is being prosecuted summary so I believe section 786 (2) states no trial (which is a new proceeding ) can be instituted( which means started), past 6 months and my charges are about 4 years old. Crown laying charges within 6 months does not comply with the wording of this section.

There is also and act called "The Summary Convictions Act" The Summary Convictions Act, that says it applies to utterring threats but only outlines summary parking violations and no mention of time limitation of being tried in a specific time.
Also the charter of rights states that I have to be tried in a resonable time which I believe is the same as in civil matters under Manitoba's "The Limitation of Actions Act" http://web2.gov.mb.ca/laws/statutes/...150e.php,which is 2 years. I remember a lawyer telling me it was 2 years but the matter had to be argued by a lawyer to have the Judge set aside the charges. He never told me what law he used. Anybody Know?

[johnwojcik]

Statue of limitation deals with the time from the crime to the time arrested, Not time to go to trial. Your attorney needs to try to get it moved into court. But honestly the longer you don't go to trail, the weaker the case gets and the easier it may be to have charges dropped.

I found two information last night on the web,
Canadian Charter of Rights PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.
11. Any person charged with an offence has the right (b) to be tried within a reasonable time and more specific to a summary criminal matter
Summary Section 786 of the Criminal Code has a statute that prohibits persons from being tried for a summary conviction offence more than 6 months after the offence was committed unless both the prosecutor and defendant agree otherwise.
786 states the following:
Application of Part 786. (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.
Limitation (2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree.
R.S. 1985, c. C-46, s. 786; 1997, c. 18, s. 110.

My charges is being prosecuted summary so I believe section 786 (2) states no trial (which is a new proceeding ) can be instituted( which means started), past 6 months and my charges are about 4 years old. Crown laying charges within 6 months does not comply with the wording of this section.

There is also and act called "The Summary Convictions Act" The Summary Convictions Act, that says it applies to utterring threats but only outlines summary parking violations and no mention of time limitation of being tried in a specific time.
Also the charter of rights states that I have to be tried in a resonable time which I believe is the same as in civil matters under Manitoba's "The Limitation of Actions Act" http://web2.gov.mb.ca/laws/statutes/...150e.php,which is 2 years. I remember a lawyer telling me it was 2 years but the matter had to be argued by a lawyer to have the Judge set aside the charges. He never told me what law he used. Anybody Know?