OMG!!! I was charged 5-months ago and I don't have a lawyer yet!

Why Does the Date of Your Offence Matter So Much in Court?

When you're charged with a crime, it might surprise you how much attention judges or justices of the peace give to the date of the alleged offence. Why does this matter so much? The answer lies in your fundamental right to be tried within a reasonable time — something guaranteed under the Canadian Charter of Rights and Freedoms.

It's important to understand that the court isn't trying to pressure you or rush your case; it's ensuring your rights are protected. Delays can jeopardize your ability to defend yourself effectively and undermine the fairness of the justice system. However, even if you're representing yourself or taking time to find the right lawyer, the court must keep your case moving forward.

Your Right to a Timely Trial: The Charter and Section 11(b)

Under Section 11(b) of the Charter, every person charged with an offence has the right "to be tried within a reasonable time." This isn't just a nice-to-have; it's a cornerstone of Canada's justice system.

In 2016, the Supreme Court of Canada provided a clear framework in the landmark case R. v. Jordan. The court set specific timelines for criminal trials: 18 months for cases in provincial court, and 30 months for cases in superior court. If the case takes longer than these benchmarks, the delay is presumed unreasonable unless the Crown can prove exceptional circumstances.

Why the Date of the Offence Matters

The date of the offence sets the clock ticking. It determines when the charge was laid and, by extension, how much time has passed since the criminal process began. Judges and justices of the peace scrutinise this timeline closely to ensure your right to a speedy trial isn't being violated.

Why Timely Trials Are So Important

Timely trials protect both you and the justice system.

Ontario's Jordan-Compliant Trial Scheduling

In response to the Jordan decision, Ontario's courts have adopted proactive measures to meet these timelines.

What Happens if Delays Cross the Line?

If your case takes too long to get to trial, your lawyer can file a Charter application arguing that your Section 11(b) rights have been violated. If successful, the court may issue a stay of proceedings, effectively dismissing your charges.

However, not all delays count against the system. Some delays may be attributed to you (e.g., requesting adjournments) or be deemed unavoidable due to exceptional circumstances (e.g., a global pandemic).

What You Can Do as an Accused Person

While the court system works to meet Jordan timelines, there are things you can do to protect your right to a timely trial:

Timely Justice Is Justice Served

Your right to a trial within a reasonable time is about more than convenience — it's about fairness and accountability. Ontario's Jordan-compliant trial scheduling practices are designed to honour this right while keeping the justice system efficient. If you're navigating the court system and worried about delays, having a knowledgeable lawyer by your side can make all the difference.