Section 11(b) of the Charter of Rights & Freedoms guarantees the right to be tried within a reasonable time. The purpose of this right is to ensure accused parties are not subject to lengthy procedural delays. Justice Moldaver of the Supreme Court of Canada explained in R v. Jordan that maintaining S. 11(b) rights “ensures that the system functions in a fair and efficient manner”, and ultimately, furthers the interests of justice.
The Supreme Court of Canada set out a new framework in R. v Jordan, for evaluating the net time it takes for a case to proceed through the courts. Cases that exceed the presumptive ceiling without justification result in an unreasonable delay, and as a result, a violation of the respective individual’s section 11(b) rights.
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