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2019 Undecided Issues in Delay the Unanswered Questions Raised by Jordan

Date: 11/21/2019

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Presented by Tony Paisana and Rebecca McConchie


In R, v, Jordan, 2016 SCC 27, the Supreme Court created presumptive ceilings for what constitutes "unreasonable delay" under s. 11(b) of the Charter. However, in its wake, questions have emerged respecting how to apply Jordan in discrete circumstances. This webinar seeks to give guidance to counsel on how to address unresolved issues such as: How does Jordan apply to youths? Does the presumptive ceiling include the time between conviction and sentencing? Does the time it takes a judge to release Reasons count? How do you account for co-accused delay? Does the 30-month ceiling still apply when the Crown lays a direct indictment? Will it - or should it - still apply in light of amendments to the Criminal Code eliminating preliminary inquiries for may indictable offences?

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