Question from Jordie, Are there any Canadian Quebec criminal law precedents where a Jordan ruling was made despite the ceiling not being exceeded?
Answer from AI:
In Canadian law, the Jordan ruling refers to a decision by the Supreme Court of Canada in the case of R v Jordan, 2016 SCC 27, which established a framework for determining whether a criminal trial has been unreasonably delayed, in violation of the rights of the accused under Section 11(b) of the Canadian Charter of Rights and Freedoms. The ruling set a presumptive ceiling of 18 months for cases tried in the provincial court and 30 months for cases in the superior court.
Instances of Jordan Ruling Below the Ceiling
While the Jordan ruling established these ceilings, it’s important to note that delays below these ceilings can still be considered unreasonable in certain circumstances. The Supreme Court stated that “exceptional circumstances” could justify a delay beyond the ceiling, but also that “clearly and markedly” disproportionate delays below the ceiling could still violate the accused’s rights.
However, finding specific cases where a Jordan ruling was made despite the ceiling not being exceeded can be challenging. This is because such cases are relatively rare and are often highly fact-specific.
Legal Advice and Further Research
If you’re looking for specific cases, it’s recommended that you consult with a legal professional or use a legal research tool. Legal databases like CanLII or WestlawNext Canada can be useful for this purpose.
Please note that this information is general in nature and does not constitute legal advice. For personalized advice, always consult with a legal professional.
Resources for Understanding the Jordan Ruling
For a better understanding of the Jordan ruling and its implications, you may want to refer to the following resources:
- R v Jordan, 2016 SCC 27: The Supreme Court’s decision in the Jordan case, which established the current framework for assessing unreasonable delay.
- Justice Canada’s explanation of Section 11(b) of the Charter: A plain-language explanation of the right to be tried within a reasonable time.
Remember, the legal landscape is complex and ever-changing. It’s always best to seek professional advice when dealing with legal matters.
The answer is written by AI.
The text above is written by AI, i.e., a computer.
Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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