If you have been charged with a criminal offence in Canada, one of your most important constitutional protections is the right to be tried within a reasonable time. This right is guaranteed by section 11(b) of the Canadian Charter of Rights and Freedoms and exists to ensure that criminal proceedings move forward without unnecessary delay.
The Supreme Court of Canada has repeatedly confirmed that justice delayed is justice denied. Unreasonable delay can prejudice an accused person’s ability to defend themselves and can place an unfair burden on their personal, professional, and family life.
What Does “Reasonable Time” Mean?
Reasonable time refers to the total amount of time it takes for a criminal case to move from the laying of charges to the actual conclusion of the trial. This includes time spent waiting for court dates, disclosure, motions, and trial scheduling.
In R v Jordan, the Supreme Court established presumptive ceilings for criminal cases. In most cases, proceedings must conclude within 18 months in provincial court and 30 months in superior court, unless exceptional circumstances exist.
Why Delay Matters
Extended delays can have serious consequences for an accused person. Conditions of release may restrict travel, employment, or contact with others. The stress of unresolved criminal charges can also impact mental health, reputation, and financial stability.
The right to be tried within a reasonable time exists to prevent these harms and to maintain public confidence in the justice system.
When Delay May Be Unreasonable
Not all delays count equally. Courts will examine who caused the delay, whether the delay was unavoidable, and whether the defence meaningfully waived time. Delay caused by the Crown or by systemic court inefficiencies is closely scrutinized.
If delay exceeds the presumptive ceiling and cannot be justified, a court may find that section 11(b) has been breached.
Possible Remedies
When a court determines that an accused person’s section 11(b) rights have been violated, the typical remedy is a stay of proceedings. This means the charges are permanently stopped.
Because this remedy is serious, section 11(b) applications require careful legal analysis and strategic timing.
Why Legal Advice Matters
Delay calculations are complex and fact-specific. Identifying when delay begins, how time is attributed, and whether exceptional circumstances apply requires detailed knowledge of criminal procedure and Charter law.
White & Jeet Criminal Defence routinely assesses delay issues for clients across Alberta. If your case has been moving slowly, early legal advice can help determine whether your Charter rights may be engaged and what steps should be taken.
