FSC101 TEST 1 STUDY GUIDE
SOLUTIONS
R. v. Jordan, 2016 SCC 27 - ANSWER✔✔-- a delay of more than 4 years
between the charges and the end of trial
- used to apply a new framework to s. 11(b)
presumptive ceiling for provincial court - ANSWER✔✔-18 months
presumptive ceiling for superior court/provincial court after inquiry -
ANSWER✔✔-30 months
what is section 11(b) - ANSWER✔✔-11. any person charged with an
offence has the right ;
b. to be tried within a reasonable time
r v jordan on the systemic importance of s. 11(b) - ANSWER✔✔-- justice
delayed is justice denied
- protecting the interests of presumptively innocent accused people
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,- the accused might avoid responsibility if delayed
-timely trial impact everyone who plays a role are are affected by criminal
trials
- maintain public confidence of the administration of justice
r v jordan summary of the new framework - ANSWER✔✔-- ceiling beyond
which delay is unreasonable
- if the total delay exceeds the ceiling, the crown must establish the
presence of exceptional circumstances
- if the total delay falls under the ceiling it is up to the defence to show that
it is unreasonable
r v. jordan purpose of section 11 (b) - ANSWER✔✔-to expedite trials and
minimize prejudice and not to avoid trials on the merits
r v jordan two components of defence delay - ANSWER✔✔-1. delay
waived by defence ; must be clear
2. delay caused solely by defence conduct
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,r v jordan exceptional circumstances - ANSWER✔✔-1. discrete, exceptional
events
2. complex cases
"the presence of exceptional circumstances is the only basis upon which the
Crown can discharge its burden to justify a delay that exceeds the ceiling"
what colour sash does the justice of the peace wear - ANSWER✔✔-green
sash
how do you refer to a justice of the peace - ANSWER✔✔-"your worship"
who appoints a justice of the peace - ANSWER✔✔-the Justices of the Peace
Act
what level of court does a justice of the peace handle - ANSWER✔✔-
provincial offences and OCJ
justice of the peace two main areas of jurisdiction - ANSWER✔✔-criminal
law and regulatory law (provincial offences)
does the justice of the peace preside over bail hearings? - ANSWER✔✔-yes
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, what colour sash does a justice wear - ANSWER✔✔-red sash
how do you refer to a justice - ANSWER✔✔-"your honour"
who is a justice appointed by - ANSWER✔✔-appointed by the provincial
Minister of Justice on recommendation of the Judicial Appointments
Advisory Committee (13 members)
what level of court does a justice handle - ANSWER✔✔-any level of court
(Ontario Court of Justice, Superior Court of Justice, Court of Appeal for
Ontario, Supreme Court of Canada)
areas of jurisdiction for a justice - ANSWER✔✔-criminal law, family law,
tax law, civil law and more
does a justice preside over bail hearings? - ANSWER✔✔-not usually but
they can review them
what is a Judicial Interim Release - ANSWER✔✔-pre-trial release of an
accused person before trial
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SOLUTIONS
R. v. Jordan, 2016 SCC 27 - ANSWER✔✔-- a delay of more than 4 years
between the charges and the end of trial
- used to apply a new framework to s. 11(b)
presumptive ceiling for provincial court - ANSWER✔✔-18 months
presumptive ceiling for superior court/provincial court after inquiry -
ANSWER✔✔-30 months
what is section 11(b) - ANSWER✔✔-11. any person charged with an
offence has the right ;
b. to be tried within a reasonable time
r v jordan on the systemic importance of s. 11(b) - ANSWER✔✔-- justice
delayed is justice denied
- protecting the interests of presumptively innocent accused people
Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 1/31
,- the accused might avoid responsibility if delayed
-timely trial impact everyone who plays a role are are affected by criminal
trials
- maintain public confidence of the administration of justice
r v jordan summary of the new framework - ANSWER✔✔-- ceiling beyond
which delay is unreasonable
- if the total delay exceeds the ceiling, the crown must establish the
presence of exceptional circumstances
- if the total delay falls under the ceiling it is up to the defence to show that
it is unreasonable
r v. jordan purpose of section 11 (b) - ANSWER✔✔-to expedite trials and
minimize prejudice and not to avoid trials on the merits
r v jordan two components of defence delay - ANSWER✔✔-1. delay
waived by defence ; must be clear
2. delay caused solely by defence conduct
Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 2/31
,r v jordan exceptional circumstances - ANSWER✔✔-1. discrete, exceptional
events
2. complex cases
"the presence of exceptional circumstances is the only basis upon which the
Crown can discharge its burden to justify a delay that exceeds the ceiling"
what colour sash does the justice of the peace wear - ANSWER✔✔-green
sash
how do you refer to a justice of the peace - ANSWER✔✔-"your worship"
who appoints a justice of the peace - ANSWER✔✔-the Justices of the Peace
Act
what level of court does a justice of the peace handle - ANSWER✔✔-
provincial offences and OCJ
justice of the peace two main areas of jurisdiction - ANSWER✔✔-criminal
law and regulatory law (provincial offences)
does the justice of the peace preside over bail hearings? - ANSWER✔✔-yes
Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 3/31
, what colour sash does a justice wear - ANSWER✔✔-red sash
how do you refer to a justice - ANSWER✔✔-"your honour"
who is a justice appointed by - ANSWER✔✔-appointed by the provincial
Minister of Justice on recommendation of the Judicial Appointments
Advisory Committee (13 members)
what level of court does a justice handle - ANSWER✔✔-any level of court
(Ontario Court of Justice, Superior Court of Justice, Court of Appeal for
Ontario, Supreme Court of Canada)
areas of jurisdiction for a justice - ANSWER✔✔-criminal law, family law,
tax law, civil law and more
does a justice preside over bail hearings? - ANSWER✔✔-not usually but
they can review them
what is a Judicial Interim Release - ANSWER✔✔-pre-trial release of an
accused person before trial
Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 4/31
