Unreasonable Delays In Criminal And Penal Matters: The Supreme Court Toughens The Rules!

On July 8, 2016, the Supreme Court of Canada rendered its decision in R. v. Jordan, [2016] SCC 27 (hereinafter, "Jordan"), which discussed issues regarding the right to be tried within a reasonable time in criminal and penal matters. This decision is truly a game changer: before the provincial courts a delay of 18 months or more will now be presumed excessive and could lead to the charges being dismissed.

The facts

Mr. Jordan was arrested and charged in December 2008, but his trial, following which he was found guilty, was not held until February 2013. There was thus a delay of 49½ months between the filing of the charge and the conclusion of the trial. Mr. Jordan's counsel filed an application seeking a stay of proceedings on the ground that Mr. Jordan's right to be tried within a reasonable time, guaranteed by section 11(b) of the Canadian Charter of Rights and Freedoms (hereinafter, the "Charter"), had been infringed. Initially dismissed, the application was appealed, together with the guilty verdict.

The Supreme Court's...