Adjournments (Changing your trial date)
An adjournment is a suspension of your trial— meaning that your trial date will be moved to a later time. In the future, Winston will keep track of any adjournments caused by the prosecution, as they could result in you having a possible Charter argument under s. 11(b).
A 2009 case from the Ontario Court of Appeal, Law Society of Upper v. Igbinosun, discusses certain factors that can influence a Justice to grant or deny an adjournment.
Factors supporting the granting of an adjournment
- the consequences of the hearing are serious;
- the requester would be prejudiced if the request were not granted; and
- the requester was making honest efforts to avoid an adjournment (for example, honestly seeking to exercise a right to counsel).
Factors supporting the denial of an adjournment
- a lack of compliance with prior orders;
- previous adjournments that have been granted to the requester;
- previous peremptory hearing dates;
- the desirability of having the matter decided; and
- a finding that the requester is seeking to “manipulate the system by orchestrating delay”.
Other factors to consider
- the timeliness of the request;
- the reasons for being unable to proceed on the scheduled date; and
- the length of the requested adjournment.