Can You Expedite a Criminal Trial in Canada if You Are Denied Bail?

Being denied bail is one of the most frightening experiences in the Canadian justice system. When a Justice of the Peace orders an accused person to remain in pre-trial custody, they are stripped of their freedom and separated from their family long before a judge or jury has found them guilty. This loss of liberty makes expediting the trial process the absolute top priority for any defence team. Fortunately, the Canadian Charter of Rights and Freedoms guarantees every accused person the right to be tried within a reasonable timeframe, preventing indefinite detention without trial.

However, the reality of the court system in provinces like Ontario, British Columbia, and Alberta is that heavy administrative backlogs often lead to agonizing delays. Because unrepresented individuals rarely know how to navigate scheduling courts, it is highly recommended to contact a skilled criminal defence lawyer from our directory . An experienced law firm can aggressively push the Crown counsel and the court coordinator for earlier dates, ensuring your case does not languish. In this guide, we will explore the precise legal strategies used to fast-track proceedings when an accused is stuck behind bars.

Step-by-Step Process in Canada

If an individual is held in custody, the legal system generally affords their case priority over out-of-custody accused. However, defence lawyers must still take proactive procedural steps to force the system to move faster.

Step 1: Requesting an Early Date in Assignment Court

The first step happens during routine scheduling appearances. A defence lawyer will officially put the Crown and the presiding judge on notice that the accused is in custody and demands an expedited trial date 📅. If the court coordinator claims there is no availability for a year, the lawyer will request to be placed on a “standby” or cancellation list. This means if another trial collapses unexpectedly, your case can immediately jump the queue and take that vacant courtroom.

Step 2: Filing for a Superior Court Bail Review

If the initial bail hearing was unsuccessful, you do not necessarily have to stay in jail until the trial. Your lawyer can apply for a Bail Review at the Superior Court of Justice (or the Court of King’s Bench, depending on your province). To win a release on review, the defence must prove that the original judge made an error in law, or that there has been a “material change in circumstances” . Proposing a much stricter surety or securing a bed at an in-patient residential rehabilitation centre are common ways to change the court’s mind.

Step 3: Waiving the Preliminary Inquiry

For severe indictable offences, the accused typically has the right to a preliminary inquiry to test the strength of the Crown’s evidence before the actual trial. However, holding this extra hearing can delay a trial by six to twelve months. To drastically expedite the process, a defence lawyer may advise waiving the preliminary inquiry entirely ⌛. This tactical move sends the file directly to the trial court, saving immense amounts of time for those suffering in restrictive pre-trial custody.

Step 4: Launching a Section 11(b) Jordan Application

If the systemic delays become unconstitutional, the defence will file a formal application under Section 11(b) of the Charter. The Supreme Court of Canada’s Jordan decision established strict ceilings for trial delays. If the Crown counsel fails to bring the case to trial within these strict limits, and the defence did not actively cause the delays, the presiding judge must declare a stay of proceedings, effectively dropping all criminal charges against the accused.

Step 5: Utilizing the Writ of Habeas Corpus

In rare and extreme circumstances where an accused is unlawfully detained, heavily isolated, or the conditions of confinement are exceptionally cruel, a lawyer might seek a writ of habeas corpus 🔒. This is a historic legal mechanism demanding the provincial state justify the person’s imprisonment before a superior court judge. While it is not a direct trial-expediting tool, a successful application forces the justice system to immediately address the legality and conditions of the continued custody.

How Much Does it Cost in Canada?

Fighting to expedite a trial or secure a release from custody involves substantial legal work, as it requires complex constitutional litigation and frequent court appearances.

• Lawyer Fees: Most senior criminal defence lawyers charge hourly rates ranging from $300 to $800 CAD, or require block flat fees for trial stages.
• Bail Review Costs: Bringing a formal Bail Review to a Superior Court generally costs between $3,000 and $7,000 CAD in legal fees due to the extensive transcript reviews required.
• Section 11(b) Application: Preparing the extensive legal factums and arguing a Charter delay application can add $5,000 to $10,000 CAD to a total trial bill.
• Court Fees: There are generally no government filing fees to submit criminal defence applications in Canadian courts.

How Long Does the Process Take?

Even with an aggressive law firm pushing for speed, the justice system moves slowly. Securing a date for a Bail Review typically takes 2 to 4 weeks after the transcripts from the first hearing are successfully ordered and filed. If you choose to waive your preliminary inquiry, you can often secure a superior court trial date within 6 to 9 months instead of waiting 18 months. Remember that any scheduling delay explicitly requested by the defence will be subtracted from the constitutional Jordan calculation.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca