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This practical guide deals with section 11(b) of the Charter which guarantees the right to a trial within a reasonable period of time. It looks at relevant issues and authorities in a post-Jordan world.
“Section 11 – Proceedings in criminal and penal matters
11. Any person charged with an offence has the right
(b) to be tried within a reasonable time “
[Canadian Charter of Rights and Freedoms]
The decision that rocked the legal community
In R. v. Jordan, 2016 SCC 27 (Jordan), the Supreme Court of Canada fundamentally changed the way in which s.11(b) of the Charter of Rights and Freedoms was going to be interpreted and applied.
At its’ core, the new s.11(b) framework creates two presumptive ceilings within which criminal cases need to be brought to trial. Where cases are tried in the provincial courts across Canada, they presumptively must be completed within 18 months. Where cases are tried in the Superior Courts, they presumptively must be completed within 30 months.
Caselaw continues to evolve
A Practical Guide to the Charter: Section 11(b) will alert readers to relevant issues and authorities in a post-Jordan world. Written as a starting point, the guide:
Highlights the issues that counsel need to consider
Lays the foundation for arguments that need to be considered and advanced
Sets the stage for future arguments to come
Features
Easy to use reference manual for preparing and arguing unreasonable delay applications in the post-Jordan era
A cross-country review of the law regarding s.11(b) applications including transitional cases, re-trials, preferred indictments and “below ceiling cases”
Includes useful case commentary, charts and precedents
Who should have this book
Criminal Lawyers – to assist how they approach the timing and conduct of criminal trials
Alan D. Gold practises at Alan D. Gold Professional Corporation. His practice is restricted to criminal trial and appellate work. He has appeared as counsel before all levels of courts in Ontario, as well as in seven of the other provinces. He has argued hundreds of appeals as well as over 50 cases in the Supreme Court of Canada.
Mr. Gold is certified by the Law Society of Upper Canada as a Specialist in Criminal Litigation and was the first Chairman of the Criminal Litigation Specialty Committee, serving for five years. In 1993, in Washington, D.C., Mr. Gold was inducted into the American College of Trial Lawyers. He received the G. Arthur Martin Award for Contribution to Criminal Justice in November 1997. He is a past President of the Ontario Criminal Lawyers’ Association (1997 to 2001). Mr. Gold is a Bencher of the Law Society of Upper Canada, elected in May 2003 for a four-year term and reelected in May 2007 and May 2011. He was appointed by Convocation as Chair of the Hearing Panel on June 26, 2008 and served in that position until the appointment of a full-time Chair effective September 4, 2013. In June 2015, having served the three terms as a bencher that are allowed, he became an emeritus bencher.
Mr. Gold has written many articles and other publications on legal topics, has delivered speeches and presentations on a wide assortment of legal topics to lawyers, judges, law students and other audiences, and is frequently a media commentator. Since August 1996 he has written Alan D. Gold’s Criminal Law NetLetter, available on LexisNexis Quicklaw every Monday morning. His many articles and presentations are also available there.
Michael W. Lacy, B.A., LL.B., is an experienced trial and appellate lawyer practising primarily in the area of criminal law. He is a partner at Brauti Thorning LLP in the criminal law group. Mr. Lacy has appeared at all levels of trial courts in Ontario, on a variety of criminal law matters. He has also argued more than 150 cases at the Court of Appeal for Ontario and has appeared as counsel at the Supreme Court of Canada. He has also appeared in Courts or Tribunals in Alberta, Manitoba New Brunswick, Newfoundland, Quebec, and Saskatchewan. Mr. Lacy is currently a member of the pro bono Court of Appeal for Ontario duty counsel program, assisting self-represented appellants. He frequently participates in continuing legal education programs for defence lawyers, Crown counsel and police organizations particularly in the area of search and seizure and wiretaps. Mr. Lacy is a past editor of the Weekly Criminal Bulletin and co-authors The Practitioner’s Ontario Criminal Practice (with Alan Gold) and has co-authored other books in this series. He is consistently listed in the criminal lawyers’ category in The Best Lawyers in Canada and is a past President of the Criminal Lawyers’ Association (Ontario).
Laura J. Metcalfe, B.A. (Hon.), J.D., practises criminal trial and appellate law at Alan D. Gold Professional Corporation. She has been counsel on cases before all levels of courts in Ontario and British Columbia. Ms. Metcalfe has written several articles and other publications on criminal law issues and has co-authored other books in this series. Her article on the mens rea requirement in fentanyl drug cases is available at LexisNexis Quicklaw: Alan D. Gold’s Collection of Criminal Law Articles, and her article, “Reconsidering the Constitutionality of Mandatory Minimum Sentences under Section 231(5)(e) Post-Luxton,” is available online. Ms. Metcalfe is a member of the Criminal Lawyers’ Association.
