The New Framework to be Applied where a Breach of s. 11(b) is Alleged
On July 8, 2016, the Supreme Court of Canada released its judgment in R. v. Jordan, in which it established a new framework to be applied in s. 11(b) Charter applications. At the heart of the new framework is a presumptive ceiling beyond which delay —from the charge to the actual or anticipated end of trial — is presumed to be unreasonable, unless exceptional circumstances justify it. The presumptive ceiling is 18 months for cases tried in the provincial court, and 30 months for cases in the superior court (or cases tried in the provincial court after a preliminary inquiry). The New Framework Summarized The approach required by the new framework was recently summarized in R. v. Coulter , 2016 ONCA 704 (CanLII), [2016] O.J. No. 5005 (C.A.) at paras. 34-40: · Calculate the total delay, which is the period from the charge to the actual or anticipated end of trial (Jordan, at para. 47). · ...