R v Jordan (2016)
R. v. Jordan was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases.
| R. v. Jordan | |
|---|---|
| Hearing: October 7, 2015 Judgment: July 8, 2016 | |
| Full case name | Barrett Richard Jordan v. Her Majesty The Queen |
| Citations | [2016] 1 S.C.R. 631 |
| Docket No. | 36068 |
| Prior history | Judgment for the Crown in the British Columbia Court of Appeal. |
| Ruling | Appeal allowed, stay of proceedings granted |
| Holding | |
| A delay of 44 months between the charges and the end of trial violates a person's right to be tried within a reasonable time under section 11 of the Canadian Charter of Rights and Freedoms. | |
| Court membership | |
| Chief Justice: Beverley McLachlin Puisne Justices: Rosalie Abella, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon, Suzanne Côté, Russell Brown | |
| Reasons given | |
| Majority | Moldaver, Karakatsanis and Brown JJ., joined by Abella and Côté JJ. |
| Concurrence | Cromwell J., joined by McLachlin C.J. and Wagner and Gascon JJ. |
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