If you’ve been attending at the criminal courts recently, you’ve likely heard several mentions of “Jordan.” The case of R. v. Jordan is a 2016 Supreme Court of Canada decision which created strict limits on the length of time cases should take to complete. This was done in an effort to preserve the accused’s right to be tried within a reasonable time, and in an effort to address increasingly long and problematic institutional delays within the Canadian court system. Although the accused’s right to be tried within a reasonable time has been protected by section 11(b) of the Charter of Rights and Freedoms since the Charter’s inception, that right has often been seen as difficult to quantify. It was frequently infringed to compensate for institutional shortcomings.
With the release of Jordan, presumptive ceilings have been created. Canada’s highest court has said that cases proceeding in the provincial courts should be completed within 18 months and cases proceeding in the superior courts should be completed within 30 months.
With the creation of these limits, many players within the justice system are focusing on moving cases along, and everyone is more mindful of 11(b)/Jordan concerns. Check out the rest of the DeMelo Law blog to learn more about Canadian criminal law.