Criminal cases in Canada can often take many months or years to reach the trial stage. Due to these delays, the Supreme Court of Canada (“SCC”) established a framework in R v Jordan, [2016] 1 SCR 631, introducing presumptive ceilings for the total time of criminal matters. The ceilings apply from the time a criminal charge is laid to when evidence and arguments are completed at trial.
An Accused’s Constitutional Right to be Tried Within a Reasonable Time
Section 11(b) of the Canadian Charter of Rights and Freedoms states the following:
11. Any person charged with an offence has the right:
(b) to be tried within a reasonable time.
In Jordan, the SCC found that section 11(b) protects the following rights of accused individuals: (a) the right to security of the person; (b) the right to liberty; and (c) the right to a fair trial.
Presumptive Jordan Ceilings for Legal Matters to be Heard
Jordan introduced a presumptive ceiling of 18 months for matters being heard in the Ontario Court of Justice and 30 months for matters being heard in the Superior Court of Justice. If the delay exceeds the ceiling, it is presumed unreasonable unless the Crown can show exceptional circumstances. Defence-caused delay does not count towards the presumptive ceilings.
Sentencing Delays After Trial
Delay post-trial is not included in the Jordan ceilings. However, the Ontario Court of Appeal has recognized a separate five-month ceiling for delays in sentencing (R v Charley, 2019 ONCA 726; R v Hartling, 2020 ONCA 243; R v Adu-Bekoe, 2021 ONCA 136; R v JK, 2021 ONCA 256).
Remedies for Delays in Court Proceedings
The remedy for unreasonable delay is a stay of proceedings, which is a court order to permanently stop the criminal proceedings.
If you need legal defence for criminal charges, reach out to the experts at Collett Read LLP. Give us a call at (905) 541-2228 or fill out our online request for a free consultation.
