R. v. Jordan | |
---|---|
![]() | |
Hearing: October 7, 2015 Judgment: July 8, 2016 | |
Full case name | Barrett Richard Jordan v. Her Majesty The Queen |
Citations | [2016] 1 S.C.R. 631 |
Docket No. | 36068 [1] |
Prior history | Judgment for the Crown in the British Columbia Court of Appeal. |
Ruling | Appeal allowed, stay of proceedings granted |
Holding | |
A delay of 44 months between the charges and the end of trial violates a person's right to be tried within a reasonable time under section 11 of the Canadian Charter of Rights and Freedoms. | |
Court membership | |
Chief Justice: Beverley McLachlin Puisne Justices: Rosalie Abella, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner, Clément Gascon, Suzanne Côté, Russell Brown | |
Reasons given | |
Majority | Moldaver, Karakatsanis and Brown JJ., joined by Abella and Côté JJ. |
Concurrence | Cromwell J., joined by McLachlin C.J. and Wagner and Gascon JJ. |
R. v. Jordan[2] was a decision of the Supreme Court of Canada which rejected the framework traditionally used to determine whether an accused was tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms and replaced it with a presumptive ceiling of 18 months between the charges and the trial in a provincial court without preliminary inquiry, or 30 months in other cases.[3]