A Proactive Practitioner’s Guide to Section 11(b) of the Charter examines the Supreme Court of Canada’s landmark decision in R v. Jordan, exploring its profound impact on Section 11(b) Charter law and how it reshaped the understanding of unreasonable delay in criminal proceedings. Drawing on their extensive involvement in key litigation over the past eight years, Tracy Kozlowski and Joanne Stuart offer valuable insight into the development and clarification of the Jordan framework.
As transitional cases phase out of appellate courts and the criminal justice system recovers from pandemic-related strain, Section 11(b) litigation remains a critical issue in criminal law. The book examines key aspects of the Jordan framework and highlights unresolved issues that will continue to shape future litigation and legal interpretation. This comprehensive guide provides essential insight into the evolving jurisprudence, helping Crown counsel, defense lawyers, and judges navigate the complexities of Section 11(b) Charter litigation in the years to come.

This book offers a practical guide to the law with respect to section 11(b) of the Charter of Rights and Freedoms, tracing its evolution since the Supreme Court's landmark decision in R. v. Jordan.

Preface
Acknowledgements
1. Introduction
2. Application of the Jordan Framework
3. Calculating the Total Delay Period
4. Appeals and Extraordinary Remedies
5. Post-trial Delay
6. Waiver and Defence-Caused Delay
7. Where Delay Exceeds the Ceiling — Exceptional Circumstances
8. Where Delay Falls Below the Ceiling
9. Transitional Exception (Charges Laid Before 8 July 2016)
10. Remedy for Trial Delay
11. Appellate Review
Suggested Reading
Table of Cases
Index
About the Authors