Criminal
Disclosure and Trial within Reasonable Time
Stinchcombe disclosure and Jordan ceilings.
Two pillars of modern Canadian criminal procedure govern the pre-trial phase. Stinchcombe (1991) requires the Crown to disclose all relevant non-privileged information to the defence. Jordan (2016) imposes presumptive ceilings on trial delay — 18 months in provincial court, 30 months in superior court, with net delay above the ceiling presumptively unreasonable.
Together they govern Crown obligations in the pre-trial phase: disclose everything relevant; bring the case to conclusion within the ceiling.
Key principles
- Crown duty to discloseAll relevant non-privileged information, inculpatory or exculpatory.
- Jordan ceiling18 months provincial; 30 months superior.
- Defence delaySubtracted from total to give net delay measured against the ceiling.