Case Law

The Jordan decision (2016) reformed the right to be tried within a reasonable time (section 11(b) of the Charter). It sets presumptive ceilings of 18 months (provincial court) and 30 months (superior court), from the laying of the information to the end of trial. Delays attributable to the defence are subtracted. Beyond the ceiling, the delay is presumed unreasonable, unless exceptional circumstances are raised by the Crown. The motion must be filed in a timely manner, before

This article addresses the defence of not criminally responsible on account of mental disorder under section 16 of the Criminal Code. To rely on it, the accused must show that a mental disorder prevented them from understanding the nature of their act or its moral wrongfulness. The Turcotte case illustrates the complexity of this defence when a mental disorder coexists with voluntary intoxication. The framework resulting from that verdict is also summarized.

A criminal record in Canada carries serious consequences: difficulties with employment, housing, travel, and immigration. Solutions exist to avoid one: a discharge (conditional or absolute), an acquittal, the Alternative Measures Program, a section 810 order, or a record suspension. A criminal defence lawyer is essential to choosing the best strategy for each situation.

A discharge acknowledges guilt without imposing punishment, balancing public interest and the offender's rehabilitation potential. Courts assess offense severity, premeditation, the accused's character, and conviction impacts. It can be conditional (with probation terms like therapy or community service) or absolute (no conditions). It sits between acquittal and conviction — recognizing wrongdoing while avoiding disproportionate punishment.