Access to Justice During COVID-19 and the Jordan Case.

• Date: 01 March 2022
• Author: Tuttle, Myrna El Fakhry

How are delays in court processes due to COVID-19 considered when assessing the Jordan time limits for the right to be tried within a reasonable time?

In March 2020, the World Health Organization (WHO) declared COVID-19 a pandemic. Since then, the pandemic has affected the functioning of many institutions, including the courts given the lockdown on court staff, judges, prosecutors, and lawyers.

Across Canada, courts adjourned their activities and provided minimum service where trials and proceedings were cancelled or postponed. Consequently, a broad range of human rights were impacted, including the right to access justice in a timely, fair, and effective way.

Access to Justice

Access to justice is a basic principle of the rule of law. In simple terms, access to justice means the ability to appear in court. But it can also include the broader social context of the court system and the obstacles that some members of the community might face.

The Chief Justice of Canada, the Right Honourable Richard Wagner stated:

Access to justice means informing individuals of tools and services that are available. Access to justice allows individuals to get legal assistance when needed, it informs them of their right to counsel, and having courts that can settle their issues in a timely and efficient manner. Access to justice means getting justice for everyone not only a few. Fair Trial and Reasonable Time

Section 11(b) of the Charter of Rights and Freedoms (the Charter) protects against excessive delays by saying the accused has the right to a trial in a reasonable time.

Section 11(d) of the Charter provides that "any person charged with an offence has the right to a fair and public hearing by an independent and impartial...