Due to a landmark Supreme Court decision known as R. v. Jordan, a criminal trial in the Ontario Court of Justice must be completed within 18 months of the charges being laid. If your case is in the Superior Court of Justice, the ceiling is 30 months, otherwise, the charges could be completely stayed for unreasonable delay.
Understanding the Right to a Trial Within a Reasonable Time
Waiting for a criminal trial to begin is an incredibly agonizing experience that puts a person’s life, career, and family entirely on hold 😞. In Canada, you are presumed innocent until proven guilty, and the legal system recognizes that leaving citizens under the cloud of criminal charges for years is fundamentally unjust. This right is powerfully protected by Section 11(b) of the Canadian Charter of Rights and Freedoms .
For decades, Toronto courts struggled with massive backlogs, causing trials to drag on for years 🧐. To fix this, the Supreme Court of Canada established strict, inflexible numerical ceilings in the famous 2016 R. v. Jordan case. Today, the Crown Attorney and the court system are legally obligated to move cases forward swiftly, or they risk having the judge throw the entire case out .
Step-by-Step Process in Toronto
Whether your case is being heard at the College Park courthouse or the expansive new Toronto courthouse on Armoury Street, the timeline begins the exact day the police lay the charge 📍. Here is how your defence lawyer monitors the clock .
Step 1: The First Appearance
Your first court date usually happens a few weeks after your arrest, unless you were held for bail 📅. At this brief administrative appearance, your law firm will formally request the “disclosure” (the police evidence) from the Crown Attorney. The Jordan clock is already ticking loudly at this stage .
Step 2: Reviewing Crown Disclosure
Your lawyer cannot advise you to go to trial without seeing the evidence against you 📁. Gathering witness statements, security camera footage, and breathalyzer logs often takes the Toronto Police several months to process. If the Crown is unreasonably slow in providing this disclosure, that delay counts heavily against them in a Jordan calculation .
Step 3: Crown and Judicial Pre-Trials
Before a trial date can be set, your lawyer must negotiate with the Crown Attorney in a Crown Pre-Trial (CPT) to see if the charges can be resolved or withdrawn 🤝. If no resolution is found, a Judicial Pre-Trial (JPT) is held with a judge to estimate how many days the trial will take and what legal issues will be argued .
Step 4: Filing a Section 11(b) Application
If the trial date offered by the court falls beyond the 18-month or 30-month ceiling, your defence lawyer will file a formal Charter application 💭. They will argue that your constitutional rights have been violated. If the judge agrees that the net delay exceeds the Jordan limit without exceptional circumstances, they will enter a “stay of proceedings,” effectively ending the prosecution .
How Much Does it Cost in Toronto?
Defending a criminal charge at a full trial is a significant financial investment, reflecting the extensive preparation required by legal professionals 💵.
| Trial Stage | Estimated Cost in CAD | Pricing Structure |
|---|---|---|
| Summary Conviction Trial | $3,000 – $8,000+ | Usually a flat Block Fee |
| Indictable Offence Trial (Jury) | $15,000 – $50,000+ | Block Fee or Hourly Rate ($300-$800/hr) |
| Filing a Charter Application | $2,000 – $5,000 | Additional Block Fee for drafting |
- Block Fees: Many Toronto criminal defence lawyers use block fees. This provides you with a clear, predictable cost (e.g., $5,000 CAD) for a one-day trial in the Ontario Court of Justice, regardless of how many hours of preparation it takes.
- Expert Witnesses: If your trial requires specialized evidence, such as hiring a toxicologist for an impaired driving case, you will pay these costs as disbursements. An expert report can cost between $2,000 and $5,000 CAD.
How Long Does the Process Take?
Calculating the timeline is complex because not all delays count against the government ⌛. The Supreme Court mandated that any delays caused specifically by the defence (such as your lawyer being unavailable, or you firing your lawyer and needing time to find a new one) are subtracted from the total time. Therefore, while a case might take 20 months on the calendar, if 3 months were caused by the defence, the “net delay” is only 17 months, which safely falls under the 18-month provincial ceiling .
Frequently Asked Questions (FAQ)
What is the difference between an 18-month and 30-month ceiling?
The 18-month ceiling applies to less complex trials held in the Ontario Court of Justice without a preliminary inquiry. The 30-month ceiling applies to serious indictable offences (like murder or major fraud) that proceed to the Superior Court of Justice, or cases that involve a preliminary inquiry.
What happens if a trial is delayed by a global pandemic?
The Supreme Court created an exception for “discrete exceptional circumstances.” Things like completely unforeseeable medical emergencies, extreme weather, or public health lockdowns are usually deducted from the Jordan clock because they are outside the Crown’s control.
Does the Jordan delay rule apply to traffic tickets?
Yes. Even minor provincial offences like speeding or careless driving under the Highway Traffic Act are subject to the Charter of Rights. However, municipal traffic courts often aim to resolve these much faster than 18 months to avoid mass dismissals.
Can I purposefully delay the trial to get it thrown out?
Absolutely not. Courts carefully scrutinize the timeline. If the judge determines that the defence was purposely dragging their feet or making frivolous adjournment requests to run down the clock, that time will simply be deducted, and your application will fail.
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