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On July 8, 2016, the Supreme Court of Canada released R v Jordan, 2016 SCC 27 [Jordan], a decision that fundamentally changed the framework that determines whether an accused has been tried within a reasonable time under s 11(b) of the Charter. While the impact of explicitly overthrowing a well-established framework with years of precedent remains to be seen, it is clear that this decision has ...
THE SEMINAL CASE OF R v JORDAN, AND HOW IT HAS EFFECTED CRIMINAL LAW. What R v Jordan Changed. Jordan begins with a declaration by the Supreme Court that the old framework for assessing s 11 (b) violations, established in R v Morin, [1992] 1 SCR 771 [Morin], suffered from doctrinal and practical problems that have led to a culture of delay and ...
Apr 2, 2024 · The decision rendered by the Supreme Court in R. v. Jordan3 marks a significant change as compared to the prior law. Indeed, in this decision (numbering 303 paragraphs), the majority judges discarded the framework established in Morin, noting the unforeseeability of its application, the inconsistencies in the treatment of the concept of ...
Dec 17, 2019 · 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. However, with any significant change, there are still growing pains. The issues regarding delay and the timeline ceilings in Jordan raise more questions than it ...
The Supreme Court unanimously agreed that Mr. Jordan’s charges should be dismissed, with the majority introducing new timelines for determining what is unreasonable delay. The new framework introduces time limits by which criminal trials should be complete or have an expected date of completion: 18 months for trials in provincial court or 30 ...
Jun 23, 2020 · The Supreme Court made a bold move by imposing presumptive ceilings, but the result has been less complacency in the criminal justice system. That is something we all can benefit from. See R v MNT, 2016 BCPC 338 at para 6 . Ibid at paras 24-30. R v Jordan, 2016 SCC 27 at para 49 .
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Jul 18, 2016 · In R. v. Jordan, 2016 SCC 27, the Supreme Court of Canada, on which Justice Moldaver now sits, recently made broad and sweeping changes to the framework that determines whether an accused has been tried within a reasonable time under s. 11(b) of the Charter. The decision, by a 5-4 majority, has the potential to radically alter the way that criminal cases are litigated, particularly for ...
