Tuesday, July 12, 2016

Time is of the essence to both bring a matter to trial and to complete the trial

In  R v.Jordan 2016 SCC 27, in a 5 to 4 decision the Supreme Court of Canada has set new rules for an accused’s right to be tried within a reasonable time frame. Superior Court cases will now have up to thirty (30) months to be completed from the time a charge is laid to the conclusion of the trial. Provincial court trials should be completed within eighteen (18) months of the charge being laid. 

Any delays extending beyond these time frames will be “presumptively unreasonable,” violating the accused’s Charter right to be tried within a reasonable time.

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