A Practical Guide to the Charter: Section 11(b)
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing firstname.lastname@example.org; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
“Section 11 – Proceedings in criminal and penal matters
11. Any person charged with an offence has the right
(b) to be tried within a reasonable time “
[Canadian Charter of Rights and Freedoms]
The decision that rocked the legal community
In R. v. Jordan, 2016 SCC 27 (Jordan), the Supreme Court of Canada fundamentally changed the way in which s.11(b) of the Charter of Rights and Freedoms was going to be interpreted and applied.
At its’ core, the new s.11(b) framework creates two presumptive ceilings within which criminal cases need to be brought to trial. Where cases are tried in the provincial courts across Canada, they presumptively must be completed within 18 months. Where cases are tried in the Superior Courts, they presumptively must be completed within 30 months.
Caselaw continues to evolve
A Practical Guide to the Charter: Section 11(b) will alert readers to relevant issues and authorities in a post-Jordan world. Written as a starting point, the guide:
- Highlights the issues that counsel need to consider
- Lays the foundation for arguments that need to be considered and advanced
- Sets the stage for future arguments to come
- Easy to use reference manual for preparing and arguing unreasonable delay applications in the post-Jordan era
- A cross-country review of the law regarding s.11(b) applications including transitional cases, re-trials, preferred indictments and “below ceiling cases”
- Includes useful case commentary, charts and precedents
Who should have this book
- Criminal Lawyers – to assist how they approach the timing and conduct of criminal trials
- Law schools – a valuable reference tool
Table of contents
Chapter 1 – The Basic Framework and How the Ceilings Apply
Chapter 2 – Defence Delay
Chapter 3 – Over the Ceiling Cases – Exceptional Circumstances
Chapter 4 – Below the Ceiling Cases
Chapter 5 – Using the Spirit of Jordan at the Sentencing Phase
Appendix A: Rules of the Court and Practice Directions
Appendix B: Precedents
Appendix C: Below the ceiling case chart