In July of 2016 the Supreme Court of Canada revamped the framework around an accused person's right to a speedy trial in the case R v. Jordan. Corporations are considered persons at law and they too have the right to be tried in a reasonable time pursuant to section 11(b) of the Canadian Charter of Rights and Freedoms. The new framework set out a presumptive ceiling of 18 months for trial in provincial court and 30 months for trial in the superior court. Once the ceiling is exceeded then the delay is presumed to be unreasonable and the onus is on the Crown to rebut the presumption. A more detailed explanation can be found in another CCP blog here.
Since the decision in Jordan, lower courts have begun to apply the new framework, and in a very recent case charges were stayed against a company due to a 55-month delay. Charges pursuant to the Occupational Health and Safety Act were laid against Stephenson's Rental Services following a workplace fatality on November 18, 2011. Stephenson's Rental Services had provided equipment, an electric elevated work platform, to another company that was performing work at the General Motors plant in St. Catherines. The charges alleged that the equipment was defective. The trial did not commence for 30 months after the laying of the charges and additional delays were caused by the Crown's failure to produce disclosure from an expert witness.
Defence counsel in this case rightly brought a motion pursuant to section 11(b) of the Charter due to the delay. Justice Wilkie of the Ontario Court of Justice was critical of the Crown in his decision to stay the charges and declare that the right of the corporation to a speedy trial had been violated.
This case is a positive one for employers, reinforcing your right to a trial within a reasonable time period. The recent trend of lower courts to apply Jordan in the manner described by the Supreme Court means that the Crown must have their act together if they want to avoid a Charter challenge. CCP will be following this case and provide updates if the Crown decides to appeal the decision. If you are forced to defend your company against health and safety charges, the lawyers at CCP have the expertise and experience to guide you through the process and ensure your rights are represented resolutely.
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