Welcome to another episode of Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!
In this episode, Kyla Lee from Acumen Law Corporation explores the case of Brandon McNeil, highlighting critical issues around trial delays and judicial discretion under Jordan principles.
Key Points Discussed:
Trial Delay Due to Illness: After Mr. McNeil’s trial, the judge’s illness led to repeated delays in rendering a verdict. The case eventually went to retrial, at which point Mr. McNeil successfully argued for dismissal due to unreasonable delay.
Exceptional Circumstances Under Jordan: The case examined when a discrete event, like a judge’s illness, could justify a delay. Under R. v. Jordan, exceptional events must not cause unnecessary delays beyond what is absolutely necessary, yet illness is often deemed a valid exception.
Implications for Trial Scheduling: This case raises questions about how the courts should evaluate delays caused by discrete events and at what point these delays exceed their reasonable limits. Clarification from the Supreme Court could establish a clearer standard for cases impacted by unforeseeable events.
Why This Case Matters: This case underscores the need for clear guidelines around “exceptional circumstances” under Jordan, balancing judicial discretion with fair trial timelines. As applications regarding trial delays continue to burden the justice system, the Supreme Court missed an opportunity to provide much-needed direction here.
