Bill C-392: An Act to amend the Criminal Code to address the Supreme Court of Canada decision in R. v. Jordan

R.S., c. C- 46 Criminal Code 1 The Criminal Code is amended by adding the following after section 529.5: PART XVI. 1 Reasonable Time for Trial Before Superior or Provincial Court Ceiling — trial before superior court 529.6 (1) A superior court judge must stay proceedings if the period between the day on which a charge is laid and the actual or expected end of trial before the court exceeds 30 months, unless the prosecutor establishes that the period is reasonable by demonstrating that exceptional circumstances exist. Ceiling — trial before provincial court (2) A provincial court judge must stay proceedings if the period between the day on which a charge is laid and the actual or expected end of trial before the court exceeds 18 months, unless the prosecutor establishes that the period is reasonable by demonstrating that exceptional circumstances exist. Defence delay (3) Any delay that is caused solely or directly by the defence’s conduct or that is waived by the defence does not count in calculating whether the ceiling established in subsection (1) or (2) has been reached. Exception (4) Subsections (1) and (2) do not apply in respect of a primary designated offence , as defined in section 487.04. Canadian Charter of Rights and Freedoms (5) In accordance with subsection 33(1) of the Canadian Charter of Rights and Freedoms , it is declared that subsection (4) operates despite paragraph 11(b) of the Canadian Charter of Rights and Freedoms .