SCC rules Jordan ceilings on trial delay may flex in ‘particularly complex’ or joint prosecutions
Supreme Court of Canada Chief Justice Richard Wagner said ‘the clarified test for case complexity under the Jordan framework is flexible enough to address the troubling number of criminal proceedings resulting in stays without incorporating into it a residual discretion for judges to decline to find a s. 11(b) [Charter] breach even where net delay exceeds the [Jordan] ceiling.’
Friday, May 29, 2026 @ 6:01 PM
Last Updated: Sunday, May 31, 2026 @ 12:05 PM
The Supreme Court of Canada has elaborated on exceptions to the presumptive Jordan time limits on net trial delay, ruling that “particularly complex” criminal prosecutions or scheduling conflicts in joint trials may, in some circumstances, justify trials taking longer than the presumptive limits set out in R. v. Jordan, 2016 SCC 27. ... [read more]