R v Askov

R v Askov
Supreme Court of Canada
Hearing: March 23, 1990 Judgment: October 18, 1990
Full case name	Elijah Anton Askov, Ralph Hussey, Samuel Gugliotta and Edward Melo v. Her Majesty The Queen
Citations	[1990] 2 S.C.R. 1199
Docket No.	20560 [1]
Prior history	On appeal from the Court of Appeal for Ontario
Ruling	Askov appeal allowed; proceedings stayed
Holding
Principles determined regarding whether the delay to have a trial is unreasonable under section 11(b) of the Canadian Charter of Rights and Freedoms.
Court membership
Chief Justice: Brian Dickson Puisne Justices: Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin
Reasons given
Majority	Cory J., joined by Dickson C.J. and La Forest, L'Heureux‑Dubé and Gonthier JJ.
Concurrence	McLachlin J.
Concurrence	Sopinka J.
Concurrence	Wilson J.
Concurrence	Lamer J.

R v Askov, [1990] 2 S.C.R. 1199, is a 1990 appeal heard before the Supreme Court of Canada which established the criteria and standards by which Canadian courts judge whether an accused's right to a speedy trial under the Canadian Charter of Rights and Freedoms, Section 11(b) "to be tried within a reasonable time" has been infringed.

The appellants argued successfully that criminal charges against them should be stayed on the grounds that their trial had been unreasonably delayed, contrary to the Charter’s guarantee under Section 11(b) that "Any person charged with an offence has the right... to be tried within a reasonable time." Disagreeing with the Court of Appeal for Ontario, the Supreme Court found that the delays were indeed unreasonable and directed a stay of proceedings against the appellants. Thousands of pending criminal cases were consequently dismissed on similar grounds.