While a person can be tried and found guilty of both, the rule against double punishment means that there would be an automatic judicial stay on one. (slsedmonton.com)
«Based on the limited evidence in the record, the presumptive time periods proposed by my colleagues are unlikely to improve the pace at which the vast majority of cases move through the system while risking judicial stays in potentially thousands of cases,» he wrote. (thestar.com)
«Creating fixed or presumptive ceilings is a task better left to legislatures... The majority's approach also risks negative consequences for the administration of justice... Ultimately the majority's new framework casts aside three decades of the courts jurisprudence when no participant in the appeal called for such a wholesale change, has not been the subject of adversarial scrutiny or debate and risks judicial stays.» (canadianlawyermag.com)