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R v Jordan

A Right to be (Re)tried in a Reasonable Time: SCC Allows Appeal in R v JF

In the Canadian criminal justice system, an accused person has a constitutional right to be tried within a reasonable time. The Supreme Court of Canada (SCC) has previously determined how long, exactly, is a presumptively “reasonable time.” But when a person is tried again for the same offence—an appeal court orders a new trial—how long, […]

R v Nguyen Affirms 18-Month Provincial Court Ceiling Applies to Part I Provincial Offences.

On September 30, 2020, the Ontario Court of Appeal (“ONCA”) held in R v Nguyen, 2020 ONCA 609 [Nguyen] that the 18-month presumptive ceiling established in R v Jordan, 2016 SCC 27 [Jordan] , which governs what constitutes unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms [Charter], applies to proceedings […]