The Supreme Court of Canada has issued a clarified framework for when criminal trials can exceed the Jordan time limits, reaffirming that most trials must still adhere to the 18-month (provincial court) and 30-month (superior court) ceilings.

The ruling allows exemptions for cases deemed “particularly complex,” such as those involving extensive documentary evidence, many co-accused, or thousands of hours of wiretap material.Judges must assess complexity and consider whether the Crown has mitigated delays, e.g., by staffing adequately.

While the decision stops short of broadening discretionary allowances, it acknowledges increasing trial complexity over the past decade and supports targeted exemptions.

The Court’s unanimous decision also involved ordering a new trial for two Hamilton-area defendants in a separate but related matter involving a drug-trafficking network and substantial pretrial procedures.

Critics warn that expanding exemptions could erode the right to a speedy trial, while others argue that increased resources and careful mitigation can maintain timely justice.The ruling emphasizes that the right to a trial within a reasonable time requires state action to fund and manage the justice system when needed.