Section 11(b) Trial Delay Application (Accused)

Purpose of this Guide: Use this plan when representing an accused person in a Canadian criminal proceeding where the net trial delay exceeds or approaches the constitutional limits under Section 11(b) of the Canadian Charter of Rights and Freedoms. It guides defence counsel through calculating net delay, maintaining chronological logs, and bringing applications for a permanent stay of proceedings under Section 24(1).

Jurisdiction: This plan operates under Canadian federal criminal law and is applicable across all provincial and superior criminal courts. The forks address: (1) representing an accused in a Superior Court trial or Provincial Court trial with a preliminary inquiry (30-month ceiling), (2) managing sub-ceiling delay applications where the defense bears the onus (below 18 or 30 months), and (3) navigating the accelerated Ontario Court of Justice case management rules (effective June 1, 2026).

The Process at a Glance: The process begins at the intake stage where counsel reviews the case history, records the charge date, and opens a chronological log. Counsel monitors all court appearances, ensuring that any delay caused by Crown disclosure failures or court backlog is documented, and that any defense consent to a future date is carefully restricted to avoid implicit waiver. If the net delay exceeds or is projected to exceed the presumptive ceiling (18 or 30 months), counsel drafts a Notice of Application and a Notice of Constitutional Question. Counsel serves the Attorneys General of Canada and the province, files the materials with court transcripts, and argues the motion to secure a permanent stay.