The Supreme Court Decisions
On May 29, 2026, the Supreme Court of Canada released R. v. Vrbanic1 (“Vrbanic”) and R. v. Jacques-Taylor 2 (“Jacques-Taylor”), clarifying how delay will be assessed under section 11(b) of the Charter.
In these two companion decisions arising from complex multi-accused criminal prosecutions, the Supreme Court reaffirmed the Jordan framework, which sets presumptive ceilings of 18 months (provincial court) and 30 months (superior court) from charge to trial, after which delay is presumed unreasonable. The decisions also clarify how courts will assess delay in complex cases, especially those involving large amounts of evidence, multiple parties, and scheduling challenges.
