Jordan Applications in Toronto: Beating Court Delays

In Toronto and the GTA and across the country, criminal courts are under intense pressure. Hearings are postponed, trial dates stretch far into the future, and people accused of crimes are left waiting, sometimes for years.

Under the Canadian Charter of Rights and Freedoms, everyone has the right to be tried within a reasonable time. When that doesn’t happen, the Jordan Application can be a solution.

This article explains how these applications work, how courts determine delay, and how a Jordan application lawyer in Toronto can use them to protect your rights and your future.

What Is a Jordan Application?

A Jordan Application is a formal request to stop a criminal prosecution because it has taken too long to reach trial. It is grounded in section 11(b) of the Canadian Charter of Rights and Freedoms, which guarantees everyone the right to be tried within a reasonable time.

This safeguard was defined by the Supreme Court of Canada in the landmark 2016 case R. v. Jordan. The Court found that years-long criminal court delays had become far too common and were undermining public confidence in justice. The Jordan decision established firm timelines and a clear test to ensure that criminal cases move forward without unnecessary delay.

When the Rule Applies

A Jordan Application focuses on the period between the date charges are laid and the end of the trial. It does not cover the police investigation before charges or any appeals afterward.

The purpose is twofold:

• To protect individuals from prolonged stress, stigma, and restrictions on liberty.
• To ensure fairness in the trial process, because evidence fades, memories weaken, and witnesses move on over time.

When a court finds that the delay has become unreasonable, the remedy is a permanent stay of proceedings. That means the charges are dismissed entirely, and the prosecution cannot be restarted.

Jordan Time Limits Explained

The Jordan ruling replaced a flexible, unpredictable test with firm time limits to keep cases on track. Here’s how the framework works in plain terms:

1. Measure the Total Period

The clock starts the day charges are laid and runs until the end of the trial evidence or arguments.

2. Subtract Defence Delay

Any period clearly caused by the defence, such as frivolous motions or missed appearances, doesn’t count. Only legitimate preparation or disclosure review does.

2. Subtract Defence Delay

• 18 months: Cases in provincial court with no preliminary inquiry.
• 30 months: Cases in the superior court, or provincial cases after a preliminary inquiry.

4. If the Ceiling Is Exceeded

The delay is presumed unreasonable. The Crown must show “exceptional circumstances” that made the delay unavoidable, such as unexpected illness or extraordinary case complexity.

5. If Below the Ceiling

The defence can still argue the delay was unreasonable by proving that the case took far longer than reasonably expected, despite efforts to move it forward.

These rules make it possible to calculate the total length of delay objectively and hold the justice system accountable when it falls behind.

The Debate Around Jordan Applications

The Jordan decision changed how criminal courts operate. Supporters say it enforces accountability and protects people from endless uncertainty. By setting clear time limits, it pushes the justice system to act efficiently.

Critics argue the rule can sometimes cause serious cases, such as sexual assaults or complex financial crimes, to be stayed before a trial ever occurs. Victims and the public can feel that justice has been denied.

Court Backlogs and Delay Trends in Toronto

Toronto’s criminal courts face ongoing pressure from pandemic closures, digital evidence growth, and limited judicial resources.

By late 2024, over 580 Ontario cases had been stayed for unreasonable delay since R. v. Jordan in 2016, including 178 in 2023 alone.

The Impact in Ontario Courts

Ontario’s response has been to invest heavily in solutions: adding judges and Crown prosecutors, expanding courtroom staff, and introducing new “Jordan-compliant” scheduling rules in 2025.

Despite those steps, delays remain common. For anyone charged with an offence, understanding and asserting the right to timely justice remains essential.

Reasonable Delay and Exceptional Circumstances

Not all criminal court delays are avoidable. The law sets out narrow categories of exceptional circumstances where extra time may be justified

Unforeseeable Events

Sudden illness of a judge, lawyer, or essential witness; medical emergencies; or other genuine surprises.

Complex Cases

Files involving many accused persons, large volumes of evidence, or novel legal questions can take longer, provided the Crown actively manages them.

What Does Not Qualify

Staffing shortages, disclosure backlogs, or overbooked courtrooms in the GTA’s busy system almost never qualify. Chronic under-resourcing is considered a government problem, not an excuse.

That distinction is critical. Skilled criminal defence lawyers challenge the Crown’s attempt to label ordinary inefficiency as “exceptional.” The result can determine whether charges proceed or are dismissed outright.

How Defence Lawyers Build and Argue a Jordan Application

Preparing a Jordan Application demands meticulous documentation and strategic judgment. A strong defence typically involves:

• Tracking Every Stage: Recording each step from the day of charge to the current trial setting.
• Analyzing Responsibility: Separating defence-caused delay from delay created by the Crown or the court.
• Gathering Evidence: Compiling transcripts, correspondence, and affidavits that reveal why the case stalled.
• Preparing the Application: Drafting written submissions that outline total and net delay, explain why exceptions don’t apply, and cite section 11(b) of the Charter.
• Arguing in Court: The motion can be heard before trial or partway through proceedings. If successful, the judge orders an immediate stay of proceedings, and the charges are dismissed permanently.
• Strategic Leverage: Even before a ruling, a strong Jordan application lawyer in Toronto can pressure the Crown to negotiate or withdraw charges.

Why Choose Posner Craig Stein

Posner Craig Stein LLP is recognized among Canada’s leading criminal defence boutiques. With more than 85 years of combined experience and 5,500+ cases handled, our team of lawyers has the courtroom skill and strategic insight to challenge delay, procedural unfairness, and Charter breaches.

We explain each step clearly, prepare detailed evidence of delay, and work to protect what matters most: your freedom, record, and reputation. When justice moves too slowly, we can help you move forward.

Protect Your Rights When Justice Moves Too Slowly

If your case has been delayed, you still have options. A Jordan Application can enforce your right to a fair, timely trial and prevent prolonged uncertainty.
Contact Posner Craig Stein for a confidential consultation with an experienced criminal lawyer Toronto.

CALL US +1.416.391.2118