I Want a Trial for My Criminal Case…How Soon Can I get this Over With?

The Right to Be Tried Within a Reasonable Time in Alberta

What Is Section 11(b) of the Canadian Charter?

Under Section 11(b) of the Canadian Charter of Rights and Freedoms, any person charged with a criminal offence has the right “to be tried within a reasonable time.” This right is part of Canada’s Constitution and applies to all criminal cases across the country—including right here in Alberta.

Why Is a Timely Trial So Important?

Delays in the criminal justice system can seriously harm an accused person:

  • Emotional stress and anxiety during prolonged legal limbo

  • Damage to reputation while waiting for resolution

  • Lost evidence and fading memories that can impact a fair trial

Historical Context: R. v. Askov (1990)

The landmark case R. v. Askov marked a turning point in Canadian criminal law. In 1990, the Supreme Court of Canada ruled that excessive delays in Ontario’s court system violated Section 11(b). As a result, thousands of charges were stayed due to unreasonable delay.

R. v. Jordan and the Right to a Timely Trial in Canada

The 2016 decision in R. v. Jordan significantly changed how Canadian courts evaluate delay.

Jordan’s Time Limits:

  • 18 months: For trials in Provincial Court (e.g., Alberta Court of Justice)

  • 30 months: For trials in Superior Court (e.g., Alberta Court of King’s Bench)

  • These timelines are referred to commonly in the courts as the “Jordan Ceiling.”

  • Any delay that goes beyond this timeline must be assessed, and if necessary, Justified by the Crown, or it is presumptively unreasonable to exceed them.

If your case takes longer, it’s presumed to be unreasonably delayed—and the burden shifts to the Crown to prove otherwise.

What Delays Count?

Only Crown delay and institutional delay count toward the Jordan ceiling. Defence-caused delay does not.

How Alberta Courts Apply Jordan

Since Jordan, Alberta courts have enforced these timelines strictly.

Alberta Case Examples:

  • R. v. Kalubi (2017 ABQB 160) – Charges stayed after exceeding 30-month ceiling

  • R. v. Biladeau (2019 ABCA 292) – Backlogs are not an excuse

  • R. v. Rajaratnam (2020 ABPC 70) – Emphasis on proactive management by Crown

These cases show that Alberta courts support timely trials and will not tolerate unjustified delays.

What Happens If My Trial Is Delayed in Alberta?

If your case has exceeded the Jordan limit:

  1. Your lawyer can file a Jordan Application

  2. If successful, the charges may be stayed

  3. You are no longer prosecuted for the offence

Frequently Asked Questions (FAQ)

How long is too long to wait for a criminal trial in Alberta?

If your trial in provincial court takes more than 18 months (or 30 months in superior court), it may violate your Section 11(b) rights.

What if the delays are due to court scheduling?

Unless the Crown can show exceptional circumstances, scheduling problems do not excuse delay.

Can charges really be dropped because of delay?

Yes. If the court agrees that the delay is unreasonable, your charges can be stayed, meaning permanently dismissed.

Conclusion: Your Rights Matter—Even Against Delay

No one should be left waiting years for justice. If your trial has been delayed, you may have a constitutional defence under Section 11(b). As an Alberta criminal defence lawyer, I regularly assess delays and help clients assert their rights.

📞 Contact me today to review your case and protect your right to a fair and timely trial.

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