In R. v. Jordan, 2016 SCC 27, the Supreme Court of Canada established a new framework for applications for a stay of proceedings due to unreasonable delay under s.11 (b) of the Canadian Charter of Rights and Freedoms. The Supreme Court also provided guidance regarding how that framework should be applied in cases that were already in the justice system prior to the release of R. v. Jordan, i.e. cases with a charge date before July 8, 2016.
In light of this new framework, the Superior Court of Justice has implemented a new practice direction governing s. 11(b) applications.
This practice direction, which takes effect on September 1, 2016, provides for the fair and effective scheduling and conduct of s. 11(b) applications by (i) clarifying what supporting materials are required for s. 11(b) applications; and (ii) requiring all s. 11(b) applications be heard well in advance of the trial. The provisions of the practice direction are subject to any order the presiding judge makes in a specific proceeding.
The practice direction is available in French and in English on the Superior Court’s website:
English: http://www.ontariocourts.ca/scj/practice/practice-directions/s11b-applications
French: http://www.ontariocourts.ca/scj/fr/pratique/directives-de-pratique/demandes-al11b/