Mistakes in the Evolving Rules of Delay
The Canadian Charter of Rights and Freedoms (“the Charter”) establishes in section 11(b) that any person who is charged with an offence must be tried for that offence in a reasonable amount of time.1 Not long after the Charter went into effect, the Supreme Court of Canada (“the Court”) clarified in R v Rahey (“Rahey”) that in order to violate section 11(b), a delay would have to be shockingly long, to an unconscionable degree.
After R v Jordan: Reflections on the R v KJM, R v KGK and Subsequent Policy Changes
R v Jordan was heard on July 8th, 2016 and has significantly changed the practice of criminal law. With any significant change, there are still growing pains. The issues regarding delay and the timeline ceilings in Jordan raise more questions than it answers.One of those issues was recently addressed in R v KJM, 2019 SCC 55. KJM addresses the issue of whether or not the Jordan 18-month ceiling and the presumption of unreasonable delay was also applicable in youth justice cour
