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"Section 11 – Proceedings in criminal and penal matters 11. Any person charged with an offence has the right (b) to be tried within a reasonable time"
[Canadian Charter of Rights and Freedoms]
The decision that rocked the legal community
In R. v. Jordan, 2016 SCC 27 (Jordan), the Supreme Court of Canada fundamentally changed the way in which s.11(b) of the Charter of Rights and Freedoms was going to be interpreted and applied.
At its' core, the new s.11(b) framework creates two presumptive ceilings within which criminal cases need to be brought to trial. Where cases are tried in the provincial courts across Canada, they presumptively must be completed within 18 months. Where cases are tried in the Superior Courts, they presumptively must be completed within 30 months.
Caselaw continues to evolve
A Practical Guide to the Charter: Section 11(b) will alert readers to relevant issues and authorities in a post-Jordan world. Written as a starting point, the guide:
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