Updated September 14, 2026
Being charged with a criminal offence is complicated and stressful, and it can frequently take a long time for matters to be concluded. Delays in the court system can frequently result in people waiting months, or even years, to resolve their charges. These prolonged delays have significant impacts the lives of accused individuals, as well as the lives of their friends and family.
When someone is charged with a criminal offence, they are either held in custody pending the resolution of their matters, or they are given bail, which includes conditions that they must comply with that significantly restrict their rights and liberties. Depending on the criminal charge(s) someone is facing, they may face significant prohibitions and restrictions, including but not limited to:
- Restrictions on their ability to drive;
- Restrictions on their ability to possess weapons or tools;
- Restrictions move freely about the province;
- Restrictions on who they can speak with and where they can go;
- Restrictions on where they can reside;
- Requirements to comply with a curfew or house arrest;
- Requirements to report to a bail supervisor regularly; and many more.
These strict conditions can have negative impacts on those charged with offences and can make delays in the court system more frustrating and serious. Not only are these delays inconvenient, but they can result in prejudice to your case. This is why it is important to know what your rights are in relation to dealing with your charges within a reasonable timeframe, and to seek assistance from a lawyer who understands and appreciates the seriousness of having you matter dealt with in a timely manner.
Your Right to Be Tried Within A Reasonable Time
The Canadian Charter of Rights and Freedoms specifically states that it is important for criminal matters to be dealt with within an appropriate time frame. Section 11(b) states that “Any person charged with an offence has the right to be tried within a reasonable time.” This means that on top of being immensely frustrating and inconvenient, a delay could amount to a breach of your constitutional rights.
In 2016, the Supreme Court restructured the framework for addressing unreasonable delay in the case of R v Jordan, 2016 SCC 27 [Jordan]. The Jordan framework provides a clear timeline with which to determine the unreasonableness of a delay. Under this framework, delay is presumed unreasonable after 18-months for cases tried in the Alberta Court of Justice, or after 30-months for cases tried in the Alberta Court of King’s Bench.
The way the Jordan framework operates is after the 18- or 30-month ceiling has passed, the Crown must prove why the delay is reasonable in the circumstances. Delay caused by the accused or their lawyer, and delay resulting from exceptional circumstances, will be subtracted from the total period of delay. For example, if an accused has refused to set a trial date or obtain counsel for 5-months, these 5-months will be subtracted from the total delay.
A year after the Jordan case was released, the Supreme Court reinforced the Jordan framework in the decision of R v Cody, 2017 SCC 31. In Cody, the Supreme Court ruled that delay caused by a lack of court resources cannot be subtracted from total delay, even if this delay originates from defence action. This decision was a significant addition to the Jordan framework by placing further pressure on the Crown and the court system to reduce lengthy delays in the court system.
What Does This Mean for Your Rights?
If there is significant delay in your file, our lawyers can make an application to the Court alleging a breach of your s. 11(b) Charter rights. This is commonly referred to as a Jordan application. If this application is successful, the court may impose a stay of proceedings. This means that, if an accused’s s. 11(b) Charter rights have been infringed, the court can stop the criminal proceedings against the accused, and any bail conditions placed on the accused will be removed.
Jordan applications are becoming increasingly common, as the criminal court system continues to be backlogged. If you or someone you know is facing significant delays in resolving their criminal charges, contact one of our lawyers to discuss your case.
You can reach a member of our legal team at 780-784-7500 or toll-free at 1-833-784-7500.
DISCLAIMER: Liberty Law’s Website, and the contents therein, is not intended to be a substitute for actual legal advice. Rather, this website (in particular, the blog) is intended to provide generic legal information only. The scenarios and concepts described may or may not apply to your particular case. Further, even if the scenarios described appear to apply to your case, there are always exceptions to every rule that cannot be fully described here. Finally, reliance on any of the contents described in this website shall not create a solicitor-client relationship. To retain a lawyer for legal advice specific to your case, please contact one of our lawyers for a free-consultation at 1-833-784-7500.
