Unreasonable delay in criminal proceedings can violate an accused person’s constitutional rights and lead to a stay of proceedings. Under section 11(b) of the Canadian Charter of Rights and Freedoms, anyone charged with an offence has the right to be tried within a reasonable time. When that right is breached, the remedy is often the most powerful one available in criminal law: the charges are dismissed.

An experienced criminal defence lawyer will carefully analyze delay issues from the earliest stages of a file. In many cases, the best criminal defence lawyer can successfully argue that the Crown’s case should not proceed because the justice system itself took too long.

This article explains delay criminal charges Canada, the Jordan framework, how courts calculate delay, and when charges may be stayed for taking too long.

Section 11(b) of the Charter explained

Section 11(b) guarantees the right to be tried within a reasonable time. The Supreme Court of Canada clarified this right in R. v. Jordan, creating a structured framework for assessing delay.

The Jordan decision was intended to change a culture of complacency and impose firm timelines on the criminal justice system. Courts now apply clear presumptive ceilings beyond which delay is presumed to be unreasonable.

The Jordan presumptive ceilings

Under the Jordan framework, total delay is measured from the date charges are laid to the anticipated end of trial. The presumptive ceilings are:

– 18 months for cases in provincial court
– 30 months for cases in superior court or cases with a preliminary inquiry

If the total delay exceeds these ceilings, the delay is presumed to be unreasonable unless the Crown can justify it.

Defence delay vs Crown delay

Not all delay counts toward the Jordan ceiling. Courts must separate defence delay from Crown and institutional delay.

Defence delay includes:
– Defence-requested adjournments
– Waived periods of delay
– Tactical or strategic delay caused by the defence

Crown delay includes:
– Scheduling inefficiencies
– Late disclosure
– Prosecutorial unavailability
– Court or institutional backlog

A top criminal lawyer in Vancouver will meticulously track delay to ensure that only legitimate defence-caused delay is subtracted from the total.

Exceptional circumstances

Even where the presumptive ceiling is exceeded, the Crown may attempt to justify the delay by pointing to exceptional circumstances. These are limited and narrowly defined.

Examples include:
– Discrete, unforeseen events beyond anyone’s control
– Particularly complex cases requiring extensive preparation

Routine institutional delay, lack of resources, or scheduling problems do not qualify as exceptional circumstances.

Below-the-ceiling delay claims

Even where total delay falls below the Jordan ceiling, an accused may still succeed in a section 11(b) application in rare cases. This requires showing that:

– The defence took meaningful steps to move the case forward
– The delay was markedly longer than it reasonably should have been

These cases are difficult but not impossible. An experienced Charter lawyer will assess whether such an argument is viable based on the specific history of the file.

Real-world consequences of delay

When a section 11(b) breach is established, the remedy is a stay of proceedings. This means the charges are permanently dismissed and cannot be refiled.

Successful delay applications often arise in cases involving:
– Repeated adjournments
– Chronic disclosure issues
– Overcrowded court schedules
– Prosecutorial inefficiency

Because the remedy is so severe, courts require a precise and well-documented record of delay. This is where the best criminal defence lawyer adds significant value.

Why early legal advice matters

Delay analysis should begin as soon as charges are laid. Waiting until trial is scheduled may be too late to preserve a strong section 11(b) argument.

A top criminal lawyer in Vancouver will:
– Track delay from day one
– Preserve objections on the record
– Avoid unnecessary defence-caused delay
– Position the case for a potential stay

Strategic decision-making early in the process can determine whether a delay argument succeeds.

Section 11(b) as a powerful defence tool

Section 11(b) is not a technical loophole. It is a constitutional safeguard designed to protect fairness, dignity, and public confidence in the justice system.

When charges are stayed due to delay, it is because the system failed to meet its constitutional obligations. The role of the best criminal defence lawyer is to ensure that failure is identified and properly addressed. Contact Vayeghan Litigation today for a confidential consultation and take the first step toward protecting your future.
Call us at 778-653-3995 or email law@mvlitigation.com now to discuss your case