In this Interview, Trevor speaks with Andrew Pilla and Levi Vandersteen about the right to be tried within a reasonable time and the Charter remedy available for when this right is violated. The discussion focuses on the landmark decision of R. v. Jordan and Andrew and Levi’s 2019 article titled “Re-Charting the Remedial Course for Section 11(b) Violations Post-Jordan.” Topics discussed include the Jordan framework generally, how an automatic stay came to be viewed as the only appropriate remedy in an 11(b) violation, why a delay may not always immediately prejudice or harm the accused, and their proposed remedial framework which balances the rights of the accused with the societal interest of proceeding with a trial on its merits.

Andrew and Levi are both crown attorneys in Ontario. Their views and opinions do not represent the views held by the Ministry of Attorney General for Ontario.