Toronto Criminal Lawyer

If you have been charged with a criminal offence in Toronto, one of the first realities you will encounter is delay. Toronto's criminal courts handle an enormous volume of cases, and the resources available — courtrooms, judges, Crown prosecutors, duty counsel, and court staff — have not kept pace with demand. The result is a system where cases routinely take a year or more to resolve, and where adjournments are a standard feature of the process.

For the accused, court backlogs create a difficult period of uncertainty. Charges hang over your life, bail conditions restrict your freedom, and the stress of an unresolved case affects employment, relationships, and mental health. Understanding the causes of delay, the legal framework that governs it, and how it may affect the outcome of your case can help you navigate this challenging period.

The Current State of Toronto's Courts

Toronto's criminal courts — including Old City Hall, the Toronto Region courthouse at 2201 Finch Avenue West, and the satellite courthouses in Scarborough, North York, and Etobicoke — have been contending with significant backlogs for years. The situation was compounded by the pandemic, which caused courthouses to close or operate at reduced capacity for extended periods beginning in March 2020.

While courts have largely returned to normal operations, the backlog created during the pandemic has not been fully cleared. Trial dates in many Toronto courts are being scheduled many months — and in some cases more than a year — into the future. Even routine matters can involve multiple court appearances spread over months before any substantive progress occurs.

The practical consequences for accused persons include:

• Extended periods on bail conditions, which may include curfews, abstinence from alcohol, no-contact orders, or travel restrictions
• Prolonged uncertainty about the outcome of the case
• Difficulty maintaining employment, particularly if the charges are known to the employer
• Ongoing legal expenses
• Emotional and psychological strain on the accused and their family

The Jordan Framework: Unreasonable Delay

The Supreme Court of Canada's 2016 decision in R. v. Jordan established a new framework for determining when delay in bringing a criminal case to trial becomes unreasonable and violates the accused person's right under section 11(b) of the Canadian Charter of Rights and Freedoms to be tried within a reasonable time.

The Jordan framework sets presumptive ceilings for the total time from the laying of charges to the actual or anticipated end of trial:

• 18 months for cases tried in provincial court (Ontario Court of Justice)
• 30 months for cases tried in superior court (Ontario Superior Court of Justice) or cases that proceed through a preliminary inquiry

If the total delay exceeds the applicable ceiling, it is presumed to be unreasonable, and the Crown must demonstrate "exceptional circumstances" that justify the excess delay. Exceptional circumstances include discrete events that are genuinely outside the Crown's control and reasonably unavoidable — such as an unexpected illness of a key participant or an unforeseen and unforeseeable event.

If the total delay falls below the ceiling, the defence bears the burden of establishing that the delay is unreasonable. To do so, the defence must show that it took meaningful steps to expedite the proceedings and that the case took markedly longer than it reasonably should have.

Importantly, "defence delay" — time attributable to the actions of the defence, such as requesting adjournments or changing lawyers — is subtracted from the total delay. Only "net delay" counts toward the ceiling.

How Delay Is Calculated

Calculating delay under the Jordan framework is a detailed exercise that requires careful tracking of every court appearance and the reasons for any adjournments. The process involves:

• Total delay — Measured from the date charges are laid (or the date of the information or indictment) to the actual or anticipated end of the trial.
• Defence delay — Any delay caused or waived by the defence is deducted. This includes adjournments requested by the defence, time spent changing lawyers, and delay that the defence explicitly consents to.
• Exceptional circumstances — If the Crown can identify discrete, exceptional events beyond its control, the time attributable to those events is deducted from the net delay.
• Remaining delay — The remaining delay is compared against the presumptive ceiling. If it exceeds the ceiling, the burden shifts to the Crown to justify the delay.

Courts have grappled with the application of Jordan in the years since it was decided. Issues such as institutional delay (caused by the unavailability of courtrooms or judges), Crown disclosure delays, and the impact of pandemic-related closures have all been litigated extensively.

Section 11(b) Applications: Staying Charges

If a court finds that an accused person's right to be tried within a reasonable time has been violated, the remedy is a stay of proceedings. This means the charges are effectively dismissed — the case is over. A stay is a significant remedy, and courts do not grant it lightly.

Bringing a section 11(b) application requires careful preparation. Defence counsel must compile a detailed chronology of the case, track every court appearance and adjournment, identify the cause of each delay, and make legal arguments about how the Jordan framework applies to the specific facts. This is a technical area of law where experienced counsel can make a meaningful difference.

It is worth noting that the mere fact of a backlog does not automatically entitle an accused to a stay. The Jordan framework is nuanced, and institutional delay — while a factor — must be assessed in the context of the specific case. Courts have been reluctant to stay serious charges unless the delay is clearly unreasonable and the accused has not contributed to it.

Strategic Considerations in a Delayed Case

If your case is experiencing significant delay, several strategic considerations arise:

• Do not contribute to delay — If there is a realistic possibility that your case may exceed the Jordan ceiling, it is important that your defence team not request unnecessary adjournments. Every delay attributable to the defence is subtracted from the total, potentially preventing a successful 11(b) application.
• Keep records — Note the date of every court appearance, the reason for any adjournment, and who requested it. Defence counsel will need this information if a delay application becomes appropriate.
• Crown disclosure — Delays in receiving Crown disclosure are common and can contribute to overall delay. Prompt requests for disclosure and follow-up on outstanding items help establish that the defence is not the cause of the delay.
• Consider the whole picture — A delay application is not always the best strategy. In some cases, a negotiated resolution may produce a better outcome than waiting for the clock to run. Defence counsel should weigh all options.

Living with Court Delays

Beyond the legal strategy, the human impact of court delays deserves acknowledgment. Living with unresolved criminal charges is difficult. The uncertainty can affect your mental health, your relationships, and your ability to plan for the future.

Some practical suggestions for managing this period:

• Stay in regular communication with your lawyer. Ask for updates and make sure you understand the current timeline and next steps.
• Comply strictly with all bail conditions. A breach will result in new charges and may lead to detention, making the situation significantly worse.
• Seek support if needed. The stress of ongoing criminal proceedings is real, and there is no weakness in speaking with a counsellor or mental health professional.
• Keep living your life to the extent possible. Continued employment, education, community involvement, and positive activities not only support your well-being but can also be relevant at sentencing if the case reaches that stage.

Court backlogs are a systemic problem, and the solutions — more judicial appointments, additional courtrooms, increased funding for Crown and duty counsel, and procedural reforms — are largely beyond the control of any individual. What you can control is how you respond: by engaging experienced counsel, understanding your rights, and making informed decisions about your case.

For more information on the criminal court process, see our page on what happens after arrest in Ontario. If you are facing charges and want to discuss your options, contact our office for a confidential consultation.