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First, although the court might purport to restore the pre-Smith compelling interest test, as Congress did when it reinstated the 1963 rule of Sherbert v. [read post]
22 Oct 2020, 4:00 am by Ken Chasse
When such ceilings are exceeded, the burden is on the Crown prosecutor to rebut the presumption of unreasonable delay for reasons of “exceptional circumstances. [read post]
4 Oct 2020, 4:45 am by Neil Wilkof
This was based on the Australian case of of Smith Kline & French Laboratories (Aust) Limited v Secretary, Department of Community Services and Health (1990) 22 FCR 73. [read post]