Preface

• Author: Tracy Kozlowski/Joanne Stuart
• Pages: 19-19

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Preface

The Supreme Court of Canada’s decision in R v Jordan, 2016 SCC 27,

was intended to simplify section 11b Charter litigation. While it will

likely achieve this in the long-term, in the short-term, Jordan threw into

question much of what was previously understood about how to liti-

gate and assess unreasonable delay. Over the past seven years, we have

had the privilege of participating in signicant litigation and providing

guidance that has contributed to the clarication and development of

the Jordan framework and assessments pursuant to section 11b of the

Charter: R v Williamson, 2016 SCC 28 (the companion case to Jordan); Rv

Cody, 2017 SCC 31; R v KJM, 2019 SCC 55; R v KGK, 2020 SCC 7; R v JF,

2022 SCC 17; R v Safdar, 2022 SCC 21; and R v Hanan, 2023 SCC 12. As

the transitional cases phase out of appellate courts and COVID-19 pan-

demic pressures test the limits of the criminal justice system, section

11b Charter litigation promises to remain a live issue in most criminal

cases. Several crucial aspects of the Jordan framework remain unsettled

and will feature in upcoming litigation and jurisprudence. This book

is intended to provide readers with guidance on the recently developed

jurisprudence and on the issues that remain unresolved. We hope our

work will help Crown counsel, defence counsel, and judges to easily

and proactively navigate what lies ahead for section 11b of the Charter.

Tracy Kozlowski and Joanne Stuart

28 February 2023