skip to Main Content

Charged with DUI in Ontario? Fight The Charges.
Toll-free at 1-800-668-1657 or freeconsult@callalawyer.ca

The Right To Be Tried Within A Reasonable Time

The Right to Be Tried Within a Reasonable Time

Tackling the Technical with Tekenos-Levy: Section 11(b) of the Canadian Charter of Rights and Freedoms.

By: Jordan Tekenos-Levy, Barrister & Solicitor

You may have heard that if your matter has not been tried within a reasonable time, there is a possibility that it could be stayed. If your charge is stayed, in effect, it has been halted from continuing along the usual legal process in a trial proceeding.  A stay is not a withdrawal. A stay of proceedings could be lifted if new evidence arises or subsequent events change the prosecution’s stance on the matter. In my view, once a matter is stayed it would be uncommon for the charges to be revived by the Crown Attorney.

To be granted a stay of proceedings based on your matter not being tried within a reasonable  time, your matter needs to have lapsed past a certain presumptive ceiling (i.e., a length of time that is deemed unreasonable in law). The case that establishes the benchmarks (i.e., the presumptive ceilings) for unreasonable delay is R v Jordan 2016 SCC 27.

For matters at the provincial court level, from the charge to the end of the trial, the presumptive ceiling is 18 months. Put another way, if your trial has not ended after 18 months, it is presumed to have not been tried within a reasonable time. If your matter is tried at the provincial court level but included a preliminary hearing, or if it is tried at the Superior Court level, than the presumptive ceiling is 30 months. If you want to take issue with delay in your case although the delay has not yet reached one of the presumptive ceilings, you may do so. The onus would then be on you to establish that the delay, even though below the presumptive ceiling, was unreasonable.

The establishment of the delay would be tried in court at what is colloquially known as an “11B Application” (denoting S. 11(b) of the Charter of Rights and Freedoms). If a presumptive ceiling is met, in order for the Crown Attorney to establish that the delay was reasonable, the Crown would need to argue that the delay was: i) attributable to defence delay, ii) unavoidable based on a discrete event, or iii) based on a particularly complex trial involving a massive amount of trial/prep time.

If you are concerned about delay in your case, feel free to call 613-531-9099 to setup a free 30-minute consultation.

Share This Post

Request Free Consultation
Free Criminal Charges Book

Free Criminal Charges Book

Fight The Charges! A Guide to Common Criminal Charges.

Get the Free Book

Free DUI Book

Free DUI Book

17 Secrets to Helping You Survive (and WIN) Your DUI Charge.

Get the Free Book

Free Bail Book

Free Bail Book

A Guide to Bail: Because There is No Get Out of Jail Free Card

Get the Free Book

Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
Sean Jamali
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
S F
S F
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of everything.read more
Rochelle Jenifer
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
TAYLOR STEVENS
TAYLOR STEVENS
19:28 26 Jun 18
Google Rating
4.9
Back To Top