Tagged Charter of Rights and Freedoms

Resolving R. v. Jordan linguistically: Why the dissent was right

It was the most significant Supreme Court of Canada decision of 2016, and it continues to dog the justice system.  Last July, R. v. Jordan  set 18 months as the presumptive ceiling for criminal cases in the provincial courts, and 30 months in superior courts (or cases in provincial courts after a preliminary inquiry).  Canadian courts do not have the power to legislate, and these time limits do not exist in the Criminal Code.  Rather, the 5-4 majority in Jordan arrived at these ceilings by interpreting s. 11(b) of the Charter of Rights and Freedoms (English / French), which prescribes the right of a person accused…