Lex Pundit
ConstitutionalRecently changed

Trial within a reasonable time

Delay above a presumptive ceiling — 18 months in provincial court, 30 months in superior court — is presumptively an unreasonable delay under section 11(b).

Position current as of July 2026

Current position

Section 11(b) of the Charter gives a person charged with an offence the right to be tried within a reasonable time. The usual remedy for a breach is a stay of proceedings.

Since 2016 the analysis begins with a ceiling: 18 months from charge to the end of trial in the provincial court, or 30 months in the superior court. Time attributable to the defence is subtracted. Above the ceiling, delay is presumptively unreasonable and the Crown must point to exceptional circumstances; below it, the defence must show the case took markedly longer than it should have.

Governing authority
R v Jordan
2016 SCC 27

Jordan replaced the older balancing approach with presumptive numerical ceilings.

Key cases
Supreme Court of Canada
R v Jordan
2016 SCC 27 · Jul 8, 2016

The Court reset the framework for the right to be tried within a reasonable time under section 11(b), setting presumptive ceilings — 18 months for cases in provincial court and 30 months for cases in superior court — beyond which delay is presumptively unreasonable.

How the law evolved
1992
R v Askov / Morin eraPrior law
Delay is weighed case by case against four contextual factors, producing uneven results.
2016
R v JordanLeading case
2016 SCC 27
The Court adopts presumptive ceilings to bring predictability and address a culture of delay.
Today
Ceilings applied
Courts calculate delay against the ceiling and net out defence-caused time.