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January 2017 Archives

Justice Denied: Delay in Criminal Court and the Right to a Speedy Trial

It has now been just over six months since one of the most important cases of 2016, R v. Jordan, was released. In it, the Supreme Court of Canada established a presumptive ceiling of 18 months delay in getting a case to trial at the provincial court level. If a case takes longer, then the Crown must prove that the delay is not unreasonable given the circumstances of the case. Otherwise, an accused person's right to a trial in a reasonable time under s. 11(b) are breached, and the case should be stayed.

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McElroy Law provides friendly and approachable criminal law defence to the residents of Ottawa, Perth, Pembroke, Renfrew, Cornwall, L’Orignal, Smith Falls, Brockville and Kemptville .

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