Is Your Case Taking Too Long? What You Need to Know About Section 11(b)
One of the most common frustrations we hear from clients is: “Why is this taking so long?” If you’ve been charged with a criminal offence and feel like your case is dragging on forever, you’re not alone—and you may have legal grounds to do something about it. Under Section 11(b) of the Canadian Charter of Rights and Freedoms, you have the right to be tried within a reasonable time. It’s not just about fairness—it’s about your future.
So, what counts as “reasonable”? In a 2016 decision called R. v. Jordan, the Supreme Court set clear limits: if your case is in provincial court, it generally must be completed within 18 months. If it’s in Superior Court, the limit is 30 months. If the case takes longer than that—and the Crown can’t point to exceptional circumstances—you could ask the court to stay (drop) the charges. That’s right: unreasonable delays could mean the case gets thrown out entirely.
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