In 2016, when the Supreme Court issued its landmark decision in R. v. Jordan, it called out a “culture of complacency” toward delays in Canadian court proceedings. The decision revolutionized Canadian criminal law, imposing strict timelines for bringing cases to trial: 18 months for provincial court, 30 months for superior court. If the timelines aren’t met, charges are stayed, and the accused can be released.

A decade later, some are pushing back, arguing Jordan is undermining trust in the justice system by causing guilty people to go free. And new federal legislation proposes to limit stays by having judges consider (undefined) alternative remedies, while taking into account factors such as impact on the victim.

One of the lawyers on the Jordan case was Tony Paisana, a partner at Vancouver’s Peck and Company and a former chair of the CBA’s Criminal Justice Section. In this episode, he recalls the history of the case, explores what’s happened since, and contemplates whether new legislative measures could make the culture of Canada’s criminal courts complacent once again. 

Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.

Notes:

CBA submission about Bill C-16, the Protecting Victims Act

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