Trial Delay Limit: Section 11(b) of the Charter of Rights and Freedoms

Question: What does the right to be tried within a reasonable time mean for your criminal case?

Answer:   The right to a trial within a reasonable time is a fundamental principle enshrined in section 11(b) of the Charter of Rights and Freedoms.  As outlined in the Supreme Court's ruling in R. v. Jordan, a case should generally be heard within 30 months for superior court proceedings or 18 months for provincial court proceedings.  If these timelines are exceeded, your case may be stayed, leading to serious implications for the accused.  David Oake, Barrister (o/a MuskokaCriminal.Law™), understands the importance of these timelines and is committed to ensuring that your rights are protected throughout the legal process.

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.

The Law

As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right to a trial within a reasonable time is mandated within section 11(b) of the Charter of Rights and Freedoms which reads:

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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