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R. V. Jordan Case Summary

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Facts: Barrett Richard Jordan was arrested in 2008 for his role in a dial-a-dope operation. While Jordan was awaiting his preliminary inquire and trial, he encountered multiple delays. At his trial the appellant brought an application for a stay of proceedings alleging a breach of the s.11(b) Charter right to be tried within a reasonable time. The application was dismissed and Jordan was convicted of his offences, this brining the appellants delay between the charges and the conclusion to 49.5 months. Jordan then appealed to the Supreme Court of British Columbia, which in that trial the judge applied the framework of R. v. Morin, [1992] 1 S.C.R. 771. In the end Jordan was convicted and the Court of Appeal was also dismissed.
Issues: The question whether Jordan was tried within a reasonable time according to s.11(b) under the Charter of Rights and Freedoms?
Decision: Appeal was allowed (5:4). Convictions were set aside, and a stay of proceedings was granted.
Reason: Abella, Moldaver, Karakatsanis, Cote and Brown JJ., held that the Morin framework for applying s.11(b) of the Charter was “too unpredictable, confusing, and complex, and it ultimately contributed to the pervasive delays that it was intended to prevent.” They …show more content…
Once this is known, the delays attributable to the defence must be deducted. Defence delay is caused by the defence’s conduct, in this case the accused can re-elect from either a superior court or provincial court. If the ceiling is exceeded, the onus is on the Crown to rebut the presumptive ceiling. There are exceptional circumstance such as, they are reasonably unforeseen or they cannot be reasonably remedied. In this case the court held that the delay of 49.5 months was unreasonable to Jordan, either due the Crown or to systemic delays. The appeal was allowed and a stay of procedures was

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