A crisis of confidence is gripping Canada's justice system as an estimated 10,000 people accused of crimes walk free each year because their cases cannot be brought to trial in a timely manner. This staggering figure includes individuals charged with serious offences like murder and sexual assault, leaving victims and the public questioning the efficacy of the courts.
The Supreme Court's Jordan Ruling and Its Consequences
The root of this systemic failure is traced back to a landmark 2016 Supreme Court of Canada decision, commonly known as the Jordan ruling. This decision set strict deadlines for concluding criminal cases: 18 months for provincial courts and 30 months for superior courts, barring exceptional circumstances. While intended to address backlogs, data reveals the problem has intensified in the years since.
Recent analysis of Statistics Canada figures for the 2023-24 period paints a grim picture. Charges were stayed or withdrawn in 9,560 cases. Among these were eight homicide cases and 525 alleged sexual assaults. Shockingly, the sexual assault cases represent approximately 13% of all such cases filed, meaning more than one in eight never reach a verdict.
Governments Seek a Fix as Victims Suffer
On Thursday, December 2, 2025, lawyers for the federal government, Ontario, Quebec, and British Columbia are scheduled to argue before the Supreme Court. Their position is that the rigid deadlines of the 2016 ruling were flawed and require revision. They seek a more flexible framework to replace what they see as an "all-or-nothing" approach.
Critics, including editorial boards, agree the system is broken but note that governments share significant blame. Chronic failures include not appointing judges promptly and underfunding the justice system, leading to a shortage of courtrooms and prosecutors. While defence lawyers have a duty to ensure a fair trial for clients, there are also concerns about unethical tactics where some lawyers deliberately stall cases to exploit the Jordan timelines until charges are dropped.
A Charter Right Unfulfilled
The Canadian Charter of Rights and Freedoms guarantees the right to a trial within a reasonable time. This right protects not only the accused but also victims of crime and their families, for whom prolonged uncertainty is emotionally devastating. The current situation throws the administration of justice into disrepute, undermines public safety, and wastes billions in taxpayer dollars funding a system that cannot deliver timely results.
The federal government has indicated it will propose legislation this month to address the delays, a problem that has persisted for decades without a lasting solution. The urgent call from observers is for all parties—the courts, federal and provincial governments, and legal professionals—to collaborate on creating a justice system that truly honors the Charter rights of all Canadians and restores public trust.
