Under the Supreme Court of Canada’s “Jordan decision,” criminal trials for Mississauga residents must conclude within a strict timeframe. For a summary conviction at the Ontario Court of Justice, the limit is 18 months. For a serious indictable offence at the Superior Court of Justice, the maximum limit is 30 months.
Being charged with a criminal offence is a life-altering event that can leave you feeling as though your future is suspended indefinitely. If you have been arrested in Mississauga, your case will almost certainly be processed at the notoriously busy A. Grenville and William Davis Courthouse in Brampton. Many accused individuals fear that their case will be lost in the system, dragging on for years and draining their financial resources.
Fortunately, the Canadian Charter of Rights and Freedoms guarantees your right to be tried within a reasonable time. In a landmark 2016 ruling known as R. v. Jordan, the Supreme Court of Canada established hard deadlines for concluding criminal trials. If the Crown Prosecutor exceeds these time limits without a valid justification, your law firm can file an application to have your charges permanently stayed (dismissed). In this guide, we will explore the timeline of a criminal trial in the Peel Region and how these crucial deadlines apply to you.
Step-by-Step Process for Criminal Trials in Peel Region
A criminal case does not proceed straight to trial after an arrest. There are several mandatory administrative and negotiation steps that must occur first, each contributing to the overall timeline.
Step 1: First Appearance and Disclosure
Your first court appearance at the Brampton Courthouse is usually a brief administrative event. You or your criminal defence lawyer will attend to formally request your “disclosure.” This is the complete package of evidence gathered by the Peel Regional Police, which may include witness statements, breathalyzer results, or security footage. It can take several weeks or even months for the Crown to provide full disclosure. 📂
Step 2: Crown Pre-Trial Meetings (CPT)
Once the disclosure is reviewed, your lawyer will schedule a meeting with the Crown Prosecutor. During this Crown Pre-Trial, they will discuss the strengths and weaknesses of the evidence. They may negotiate a plea deal, discuss the possibility of withdrawing the charges, or confirm that a trial is absolutely necessary.
Step 3: Judicial Pre-Trial (JPT)
If the case cannot be resolved, the next step is a Judicial Pre-Trial. Your lawyer and the Crown will meet privately with a judge to discuss the logistical aspects of the trial. They will estimate how many days the trial will take, identify which witnesses will be called, and discuss any constitutional issues. Only after a JPT can formal trial dates be scheduled.
Step 4: The Trial and Verdict
The trial will eventually take place at the Ontario Court of Justice (for most offences) or the Superior Court of Justice (for serious indictable offences). After hearing testimony from police officers, witnesses, and potentially experts, the judge or jury will deliberate and deliver a verdict. If the delay from your arrest to the end of the trial exceeds the Jordan limits, your lawyer will file a motion before the verdict is rendered to have the charges stayed.
How Much Does it Cost in Mississauga?
Going to trial is the most expensive phase of the criminal justice process. If your case stretches out toward the 18 or 30-month limits, costs can accumulate:
- Summary Conviction Trials: A relatively straightforward 1-to-2 day trial for a minor offence generally costs between $5,000 and $10,000 CAD.
- Indictable Offence Trials: Complex cases in the Superior Court, particularly those involving a jury or lasting over a week, typically range from $15,000 to $30,000+ CAD.
- Expert Witnesses: If your defence requires hiring a toxicologist, an accident reconstructionist, or a private investigator, expect to pay an additional $2,000 to $5,000 CAD per expert.
- Transcripts and Filings: Administrative costs, such as ordering court transcripts for a Jordan application, can add several hundred dollars to your legal bill.
How Long Does the Process Take?
The Supreme Court’s Jordan ruling provides an exact formula for acceptable delays. For charges proceeding without a preliminary inquiry (which includes all summary convictions), the hard ceiling is 18 months from the date the charge is laid to the conclusion of the trial. For serious indictable offences that require a preliminary inquiry or proceed in the Superior Court of Justice, the limit is 30 months. Importantly, any delays caused by the defence (such as firing your lawyer and needing time to hire a new one) are subtracted from the total time calculation.
| Type of Offence | Court Level | Maximum Allowable Delay (Jordan Limit) |
|---|---|---|
| Summary Conviction | Ontario Court of Justice | 18 Months |
| Indictable Offence | Superior Court of Justice | 30 Months |
Frequently Asked Questions (FAQ)
What happens if my trial takes longer than the Jordan limit?
If the net delay exceeds 18 or 30 months and is entirely the fault of the Crown or the court system, your lawyer will file a Jordan application. If successful, the judge will issue a stay of proceedings, meaning your charges are permanently halted and you are free to go.
Does a stay of proceedings mean I am found innocent?
A stay of proceedings is not a verdict of innocent or guilty. It is a legal remedy acknowledging that your Charter rights were violated. Functionally, it means the prosecution is over and you will not have a criminal conviction for that charge.
What is a preliminary inquiry?
A preliminary inquiry is an initial hearing held for very serious indictable offences. A judge reviews the Crown’s evidence to determine if there is enough substance to justify sending the case to a full trial in the Superior Court of Justice.
Do I have to attend every single court date over the 18 months?
Generally, no. If you hire a law firm, your lawyer can attend most routine administrative appearances on your behalf, known as appearing by designation. You typically only need to attend court in person for important events like a preliminary inquiry or the actual trial.
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