Trial Delay Limit:

Question: How can I ask the court to stay my Ontario charge for unreasonable delay under the Jordan principles?

Answer: Hogan Paralegal Services can help you assess whether your delay breaches your right to be tried within a reasonable time under Charter of Rights and Freedoms, The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11 at section 11(b), and whether the Jordan framework in R. v. Jordan, [2016] 1 S.C.R. 631, supports a stay (typically 30 months for Superior Court and 18 months for Provincial Court, after subtracting defence delay).  The court will focus on total time from charge to trial or anticipated end of trial, any defence-caused delay, and whether the Crown can point to exceptional circumstances or whether you can show meaningful, sustained efforts to expedite.  If a stay is available, it means the proceeding is halted for a Charter breach, which can also protect your ability to get a fair trial despite the time that has passed.  Call (905) 634-2100 for a free 1/2 hour consultation to review your timeline, gather key disclosure, and discuss next steps for criminal or provincial offences matters in Ontario.

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The Right to be Tried Within a Reasonable Time

A person accused of a crime contrary to the Criminal Code, R.S.C. 1985, c. C-46, or an offence prosecutable per the Provincial Offences Act, R.S.O. 1990, c. P.33, thus ranging from a serious murder case to a minor traffic ticket case, is provided with the constitutional right to have the case proceed to trial within a reasonable time.  Of course, the principled question of what is "reasonable" often arises and was addressed by the Supreme Court in what are now known as "the Jordan principles".  Where the Trial of a case fails to occur within the Jordan principle time limits, the case may be stayed, meaning further disallowed, as a violation of the Charter rights of the accused person.

Note: Please contact Hogan Paralegal Services by phone at: (905) 634-2100 to discuss any specific questions that you may have.

The Law

The constitutional right, per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, to have a trial within a reasonable time is prescribed at section 11(b), known as the Charter of Rights and Freedoms, which states:

The section 11(b) right prescribed within the Charter of Rights and Freedoms is a strongly held democratic principle within Canadian law and was focused upon by the Supreme Court in R. v. Jordan, [2016] 1 S.C.R. 631, where unreasonable delay concerns within criminal proceedings, among other types of cases, was reviewed and addressed.

When a case is stayed due to an unreasonable delay, the general public and media often criticize the justice system as well as the Charter of Rights and Freedoms, for allowing a crime or an offence to go unpunished.  A common attitude sometimes arises that a technicality is providing a free pass to an accused person.  When such a circumstance arises, it is important that the general public, and the victim of the alleged crime or offence, recognize that the justice system process caused the delay and thus the law within the Charter of Rights and Freedoms should be without blame.  It is important to bear in mind that a person accused of a crime or offence, including the family of such a person, may be, and often is, gravely impacted by the charge and unreasonable delay in receiving a trial may be highly prejudicial to the ability to experience a fair trial and the right of presumed innocence.

In the Jordan case, after conducting a review regarding delay concerns and the mandate imposed by the Charter of Rights and Freedoms, the Supreme Court established timing boundaries for cases proceeding as charges within the Superior Court system or as charges within the Provincial Court system whereas it was said:

Also see the cases of:

• Halton (Regional Municipality) v. Grewal, 2024 ONCJ 470
• R. v. Dossa, 2023 ONCJ 570
• R. v. J.F., 2022 SCC 17 (CanLII), 2022 SCJ 17 at paragraph 23 and paragraph 27
• R. v. Cody, 2017 SCC 31 at paragraph 20 to paragraph 25
• R. v. Coulter, 2016 ONCA 704 at paragraph 34 to paragraph 41

As below, CBC News provides an interesting investigative report regarding the section 11(b) rights including Jordan principles and the general public concern that court cases be heard within a reasonable time to ensure that matters, especially serious criminal matters, are addressed rather than stayed due to perceived technicalities.

Conclusion

A person charged with a crime or an offence is provided the right to a Trial within a reasonable time per the Charter of Rights and Freedoms.  Per the Supreme Court as decided within the Jordan case, a criminal case proceeding within the Superior Court system must, with few exceptions, be heard within thirty (30) months and an provincial offences case proceeding within the Provincial Court system must, with few exceptions, be heard within eighteen (18) months.  Upon a failure to adhere to these timelines, the proceeding should be stayed without a Trial of the accused person.

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