Bill C-258 R. v Jordan Supreme Court Decision
C-258 An Act to Amend the Criminal Code to Address the Supreme Court of Canada Decision in R. v. Jordan
Bill Type: Private Member’s Bill
Bill Sponsor: Rhéal Éloi Fortin (Rivière-du-Nord)
Status: Outside the Order of Precedence — 1st Reading December 3, 2025. This Bill hasn't passed yet.
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WHO GAINS POWER
- Accused persons gain a codified right to have their case stayed (dismissed) if trial takes too long — 30 months for superior court, 18 months for provincial court
- This writes the Supreme Court's 2016 R. v. Jordan decision directly into the Criminal Code, giving it statutory force rather than relying on case law alone
WHO LOSES POWER
- Prosecutors lose the ability to let cases drag on indefinitely — once the ceiling is hit, the case must be stayed unless they can prove exceptional circumstances
- Courts lose discretion to allow delays beyond the ceiling without justification
WHO GAINS MONEY
- No direct financial provisions in this Bill
WHO LOSES MONEY
- No direct financial provisions, though stayed proceedings mean prosecution costs already spent are lost with no conviction
THE CATCH
- ⚠️ The notwithstanding clause is invoked — subsection (4) exempts serious sexual offences (primary designated offenses) from the time ceilings entirely and the Bill explicitly declares this operates despite the Charter right to trial within a reasonable time
- This means the most serious cases — where delays are often longest and stakes highest for the accused — have no ceiling at all
- Defense-caused delays don't count toward the clock — but determining what counts as "defense delay" versus systemic delay is often contested in court
- ⚠️ "Exceptional circumstances" is not defined in the Bill — prosecutors must argue it but the standard is left to judicial interpretation