Exclude serious crimes from Jordan
Petitioners ask the Government of Canada to amend Jordan to exclude homicide and other serious crimes from its timelines, remove time limits for non‑custodial accused, and extend time for charges laid after 2020. The government responds that it recognizes the issue, has enacted reforms and funding, and is working with provinces to address delays.
Why we would sign this petition
- It protects victims by keeping homicide and other serious cases out of automatic Jordan timelines, reducing risk of dismissal or pleading down.
- Granting extensions for charges laid after 2020 compensates for pandemic-related court suspensions and backlog.
- Removing time limits for non-custodial accused lets complex or lengthy pretrial work continue without forcing premature resolution where liberty isn’t at stake.
Why we wouldn’t sign this petition
- Exempting categories of offences risks weakening the Charter right to a trial within a reasonable time and could revive systemic delays.
- Categorizing 'serious' offences or deaths may be contested and produce inconsistent application or longer pretrial uncertainty.
- Changing timelines instead of primarily increasing court capacity shifts focus from resourcing; provinces may still lack capacity, so delays could persist.
The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.
Official petition
Petition to the Government of Canada Whereas: The Jordan Rule, set by the Supreme Court of Canada in 2016 to address systemic delays in the Canadian legal system, has had unintended consequences. The Jordan Rule can be applied to ALL criminal cases with no consideration to the severity of the crime or the extraordinary delays caused by the COVID-19 pandemic; Many serious criminal cases have been pled down, dismissed or stayed due to an inability to meet the strict timeline requirements; and While the rights of the accused must be respected, the rights of victims to have their cases heard are equally, if not more, important. We, the undersigned, citizens of Canada, call upon the government of Canada to amend the Jordan Rule to address critical gaps that risk undermining the principles of justice and fairness for victims of crime. We strongly ask that serious crimes, particularly those that involve death, be excluded from the constraints of the Jordan Rule. These are the most severe violations of human rights, and justice in cases involving loss of life must not be compromised by arbitrary time limits. Furthermore, we ask to have time limits removed for cases where the accused is not deprived of liberty (in custody); and We also urge that charges laid post 2020 be granted a reasonable extension of time. The COVID-19 pandemic severely disrupted court schedules and placed extraordinary strain on the justice system. In addition, the system has not kept up with the recent population growth of Canada. You cannot do more with less.
Government response
Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by (Minister or Parliamentary Secretary): THE PARLIAMENTARY SECRETARY PATRICIA LATTANZIO The Government of Canada recognizes that criminal justice system delays, including those that result in case dismissals or stays of proceedings, can have profound consequences for victims of crime as well as undermine public confidence in the administration of justice. The federal government acknowledges the concerns that have been expressed with the framework established by the Supreme Court of Canada in the decision of R v. Jordan. Our government is actively looking into these issues and will continue to work with provincial and territorial partners to identify ways to promote timely access to justice and improve the experience of victims in the criminal justice system. The federal government has undertaken significant legislative reforms to reduce delays in the criminal justice system. Former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, which received Royal Assent on June 21, 2019, introduced extensive reforms to reduce delays and modernize the criminal justice system. These reforms included the expansion of judicial case management powers, the reclassification of over one hundred Criminal Code offences, the expanded use of remote appearances and virtual hearings, and several additional measures to make the criminal law and the criminal justice system clearer and more efficient. Moreover, former Bill S-4, An Actto amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures), which came into effect on January 14, 2023, helped to address the challenges faced by criminal courts that were caused or highlighted by the COVID-19 pandemic. It built upon the changes made in former Bill C-75 to allow the use of technology to facilitate remote appearances by further expanding the ability of accused and convicted persons to appear remotely by video or phone in most criminal court proceedings. The federal government has also made operational improvements to enhance efficiencies in the criminal justice system. For example, Budget 2024 committed $440 million over five years, starting in 2024-25 to support access to legal aid in the criminal justice system to help reduce court delays. The federal government also filled a significant number of judicial vacancies across Canada and increased the capacity of superior courts by funding the creation of new judicial positions (e.g., 22 new positions under Budget 2022 and 13 new positions under Budget 2021). Criminal justice system delays are a multi-faceted problem that requires concerted action from all orders of government. While the federal government has taken action to enact legislative reforms and introduce operational improvements, the provinces and territories also play a critical role in addressing criminal justice system delays given their responsibility over the administration of justice. Provincial and territorial governments have a key responsibility to ensure that their justice systems are adequately resourced so that trials can be held within a reasonable time and Jordan timelines can be respected. This resourcing has direct effects upon the overall experience of victims of crime throughout the criminal justice process. The federal government is actively working on these issues and will continue to monitor these important issues and collaborate with provincial and territorial counterparts to address delays, improve efficiencies, and increase access to justice for victims of crime.