R v Jordan

1. Briefly discuss the content of the Canadian Supreme Court decision in R v Jordan: how did the Supreme Court interpret the right to be tried within a reasonable time? what rules did it set out? when would a right to be tried within a reasonable time be considered violated and what is the remedy?  

2. Find at least 3 sources (the sources can be academic and/or government websites and newspaper articles) that reported on the application of R v Jordan in practice and, using these sources discuss the impact of the decision on each of the following participants of the criminal justice system: the accused, the prosecution, the courts, and the victims of crime. Be specific in explaining how the decision is likely to impact each of the participants and what actions it may require them to take. (This portion does not need to take into account the pandemic circumstances and can rely on sources published prior to the pandemic)

3. Discuss the application of R v Jordan during the pandemic. Most hearings were suspended for at least several months during the first wave of the pandemic and currently courts continue operating under the constraints of pandemic measures. Think about and comment specifically on the two following questions: (a) should the delay resulting from court closures and other pandemic measures be counted towards presumptive ceiling or should it be deducted from the overall delay as an exceptional circumstance? (b) should the presumptive ceilings established in Jordan remain the same or should they be changed to take into account the pandemic circumstances and the additional delays they cause? If you consider that the Jordan timelines should be changed, please explain how exactly. Please make sure to explain the reasons for your position on both questions.  

4. Provide your own brief evaluation of the impact of Jordan on the criminal justice system: what was its overall impact? Largely positive, negative or has it produced mixed results? Please make sure to explain why/how you arrived at your conclusion.

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