Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when representing an accused where the net trial delay is below the presumptive Jordan ceilings (18 or 30 months), but the defense asserts that the delay is constitutionally unreasonable under Section 11(b). It guides counsel through the heavy onus of proving proactive, documented efforts to expedite and showing the case took markedly longer than reasonable.
Jurisdiction: All criminal courts in Canada. This track addresses sub-ceiling applications where the burden of proof rests entirely on the defense.
The Process at a Glance: The process starts with early defense initiative. Counsel must proactively request the earliest possible dates, maintain strict responsiveness, and place the Crown on explicit, written notice of timeline concerns. Counsel compiles evidence of systemic or prosecutorial neglect and orders transcripts of scheduling appearances. Finally, counsel drafts and argues the sub-ceiling stay application, demonstrating that the case duration markedly exceeded the time reasonably required for a prosecution of its nature.
Key Legislation and Case Law: Governed by Section 11(b) of the Canadian Charter of Rights and Freedoms (Justice Laws). Under R. v. Jordan, 2016 SCC 27, sub-ceiling cases require the defense to establish: (1) proactive, documented steps to expedite, and (2) that the case took markedly longer than reasonably necessary. This threshold is high, reserving stays for clear cases of systemic/prosecutorial neglect, as reinforced in R. v. Cody, 2017 SCC 31. Case records are available on CanLII (Canadian Legal Information Institute).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Section 11(b) Trial Delay Application (Accused) - Sub-Ceiling Delay Pathway (Defence Onus) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.