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Trial Delay Limit:
Section 11(b) of the Charter of Rights and Freedoms
Last Updated: August 24 2026
Question: How do the Jordan principles affect my right to a trial within a reasonable time in Ontario?
Answer: DefendCharges.ca™ can help you understand whether delay in your criminal or provincial offences case may qualify for a stay under the Charter right to be tried within a reasonable time in Canada. The Supreme Court in R. v. Jordan set presumptive ceilings of 30 months for Superior Court trials (or Provincial Court trials after a preliminary inquiry) and 18 months for Provincial Court trials, after subtracting defence delay; if the ceiling is exceeded, the delay is presumptively unreasonable and the Crown must show exceptional circumstances, otherwise a stay may follow. If your timeline is close or has passed, a Ontario paralegal from DefendCharges.ca™ can review your case history and advise next steps, call (647) 559-3377 to discuss your situation and book a free 15-minute consultation.
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The Right to be Tried Within a Reasonable Time
Whether a person is accused of violating the Criminal Code, R.S.C. 1985, c. C-46, or is accused of a prosecutable offence that proceeds per the Provincial Offences Act, R.S.O. 1990, c. P.33, and therefore involving cases ranging from murder to a traffic ticket, the accused person is provided the constitutional right to receive a trial within a reasonable time. With this said, the question of what is "reasonable" commonly arises and was the question answered by the Supreme Court in what are now known as "the Jordan principles". Where a Trial fails to occur within the Jordan time limits, the case may be stayed, essentially thrown out of court due to the violation of the Charter rights of the accused person.
Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.
The Law
As per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, a constitutional right to a trial within a reasonable time is mandated within section 11(b) of the Charter of Rights and Freedoms which reads:
Proceedings in criminal and penal matters
11 Any person charged with an offence has the right ...
(b) to be tried within a reasonable time;
The section 11(b) right prescribed within the Charter of Rights and Freedoms is a strongly held democratic principle within Canadian law and was focused upon by the Supreme Court in R. v. Jordan, [2016] 1 S.C.R. 631, where unreasonable delay concerns within criminal proceedings, among other types of cases, was reviewed and addressed.
When a case is stayed due to an unreasonable delay, the general public and media often criticize the justice system as well as the Charter of Rights and Freedoms, for allowing a crime or an offence to go unpunished. A common attitude sometimes arises that a technicality is providing a free pass to an accused person. When such a circumstance arises, it is important that the general public, and the victim of the alleged crime or offence, recognize that the justice system process caused the delay and thus the law within the Charter of Rights and Freedoms should be without blame. It is important to bear in mind that a person accused of a crime or offence, including the family of such a person, may be, and often is, gravely impacted by the charge and unreasonable delay in receiving a trial may be highly prejudicial to the ability to experience a fair trial and the right of presumed innocence.
In the Jordan case, after conducting a review regarding delay concerns and the mandate imposed by the Charter of Rights and Freedoms, the Supreme Court established timing boundaries for cases proceeding as charges within the Superior Court system or as charges within the Provincial Court system whereas it was said:
[46] At the heart of the new framework is a ceiling beyond which delay is presumptively unreasonable. The presumptive ceiling is set at 18 months for cases going to trial in the provincial court, and at 30 months for cases going to trial in the superior court (or cases going to trial in the provincial court after a preliminary inquiry).
[47] If the total delay from the charge to the actual or anticipated end of trial (minus defence delay) exceeds the ceiling, then the delay is presumptively unreasonable. To rebut this presumption, the Crown must establish the presence of exceptional circumstances. If it cannot, the delay is unreasonable and a stay will follow.
[48] If the total delay from the charge to the actual or anticipated end of trial (minus defence delay or a period of delay attributable to exceptional circumstances) falls below the presumptive ceiling, then the onus is on the defence to show that the delay is unreasonable. To do so, the defence must establish that (1) it took meaningful steps that demonstrate a sustained effort to expedite the proceedings, and (2) the case took markedly longer than it reasonably should have. We expect stays beneath the ceiling to be rare, and limited to clear cases.
Also see the cases of:
- Halton (Regional Municipality) v. Grewal, 2024 ONCJ 470
- R. v. Dossa, 2023 ONCJ 570
- R. v. J.F., 2022 SCC 17 (CanLII), 2022 SCJ 17 at paragraph 23 and paragraph 27
- R. v. Cody, 2017 SCC 31 at paragraph 20 to paragraph 25
- R. v. Coulter, 2016 ONCA 704 at paragraph 34 to paragraph 41
As below, CBC News provides an interesting investigative report regarding the section 11(b) rights including Jordan principles and the general public concern that court cases be heard within a reasonable time to ensure that matters, especially serious criminal matters, are addressed rather than stayed due to perceived technicalities.
Conclusion
A person charged with a crime or an offence is provided the right to a Trial within a reasonable time per the Charter of Rights and Freedoms. Per the Supreme Court as decided within the Jordan case, a criminal case proceeding within the Superior Court system must, with few exceptions, be heard within thirty (30) months and an provincial offences case proceeding within the Provincial Court system must, with few exceptions, be heard within eighteen (18) months. Upon a failure to adhere to these timelines, the proceeding should be stayed without a Trial of the accused person.
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NOTE: A considerable amount of inquiries featuring “lawyers near me” or “best lawyer in” typically indicate a demand for prompt, qualified legal assistance rather than a particular professional designation. In Ontario, “licensed paralegals” operate under the same regulatory body as lawyers, the Law Society, and are permitted to advocate for clients in specific litigation scenarios. Core to their function are advocacy, legal interpretation, and procedural expertise. DefendCharges.ca™ provides legal representation within its licensed parameters, focusing on strategic placement, evidential preparation, and compelling advocacy tailored to secure effective and advantageous outcomes for clients.
