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Supreme Court opts not to change existing rules on trial delays
Chief Justice Richard Wagner said the 2016 Jordan framework can handle complex trials after the court found an Ontario delay was only four days over the limit.
On Friday, the Supreme Court of Canada dismissed two Crown challenges to the Jordan framework, ruling the 2016 trial duration limits remain constitutionally valid and flexible enough to accommodate complex criminal cases.
Established in 2016, the Jordan framework sets strict 'ceilings' for criminal trials—18 months for provincial court and up to 30 months at Superior Court—to protect an accused person's constitutional right to a timely trial.
Chief Justice Richard Wagner rejected the Crown's request for 'residual discretion' to extend trials for minor overruns, writing that the framework already provides the 'flexibility necessary to address the Crown's concerns.'
The ruling clarified exceptions for complex cases and joint trials, specifically addressing the Vrbanic case involving 18 co-accused and the Jacques-Taylor matter where scheduling conflicts delayed proceedings beyond the presumptive limits.
While upholding the integrity of the Jordan framework, the Supreme Court ordered new trials for both cases, establishing clear benchmarks for when joint trial complexities justify delays beyond the presumptive time limits.