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
R. v. KJM : Balancing Public Policy and Charter Rights
Section 11(b) of the Canadian Charter of Rights and Freedoms guarantees every Canadian the right to be tried in a reasonable time. In 2016, this so-called “reasonable time” was given an 18 to 30 month ceiling in R v. Jordan , a case in which section 11(b) was invoked. Any trial expected to exceed the ceiling established in Jordan could therefore be considered unreasonable and, in turn, a violation of section 11(b).
