An interview I did on CTV Power Play. In July, 2016, the Supreme Court of Canada issued a ruling, R v. Jordan, that was designed to issue a jolt to what the majority called the “culture of complacency” in the criminal justice system. The majority (5-4) decreed that henceforth, cases decided in provincial courts must be completed within 18 months, and in superior courts within 30 months. If eligible delay (for example, not attributable to the defendant) exceeds those periods, a breach of section 11(b) of the Charter (the right to a trial within a reasonable time) is presumed unless the Crown can show “exceptional circumstances”. The only remedy for a violation of section 11(b) is a stay of proceedings (essentially, terminating the case).
As might be expected, Jordan has created high anxiety as criminal defendants across the country line up to argue for stays. At the same time, the decision highlights a chronic problem: the criminal justice system is under-resourced and over-taxed. A recent news article discovered some 800 pending applications (note: out of an estimated annual 350-400,000 criminal cases). In recent months there have been a few high profile stays issued in murder and child sexual abuse cases (a stay means that the case is essentially terminated).
It was great to be back on the show with my good friend Don Martin. As always, apologies if the video eventually disappears behind a paywall.