Application of the Jordan Framework

• Author: Tracy Kozlowski/Joanne Stuart
• Pages: 11-17

11

 2

Application of the Jordan Framework

A. STEPS IN THE ANALYSIS

While each of the highlighted terms will be considered in the chapters

that follow, the following general analytical steps are to be taken in

applying the Jordan framework. Each will be considered in detail. This

analysis is applicable to trial delay alone. As will be seen, a separate

analysis is applicable to each of the judicial deliberation periods to

arrive at a verdict, post-verdict applications, and the period required

for sentencing. The steps in the analysis to assess the reasonableness

of delay to the end of trial are as follows:

1) Calculate the total delay, which is the period from the laying of the

charge to the actual or anticipated end of trial — that is, the end of

evidence and argument (Chapter 3);

2) Subtract defence delay, including delay that is waived, from the

total delay, which results in the net delay (Chapter 6);

3) Compare the net delay to the presumptive ceiling;

4) If the net delay exceeds the presumptive ceiling, the Crown must

establish the presence of exceptional circumstances, otherwise a

stay will follow. Exceptional circumstances fall under two categor-

ies: discrete events and particularly complex cases (Chapter 7);

5) Subtract delay caused by discrete events from the net delay (leaving

the remaining delay);

1 R v Jordan, 2016 SCC 27 [Jordan].