Time to Trial

Law Office of Kalina & Tejpal | Reviewed and updated October 6, 2026

How long will it take to get to trial? There is no reliable universal timeline. Timing depends on the courthouse, disclosure, case complexity, pre-trial applications, witness availability and court dates. A lawyer familiar with the court and the file can give a more useful estimate than a general average.

What affects scheduling?

The right to a trial within a reasonable time

Section 11(b) of the Canadian Charter of Rights and Freedoms protects this right. In R. v. Jordan, 2016 SCC 27, the Supreme Court established presumptive ceilings of 18 months for provincial-court trials and 30 months for superior-court trials or provincial-court trials following a preliminary inquiry. These are not promised trial dates or simple deadlines that automatically dismiss a case.

R. v. Cody, 2017 SCC 31 further explains the assessment of defence delay and the responsibilities of participants. The calculation generally concerns the time from the charge to the actual or anticipated end of trial, with legally applicable deductions and exceptions. A claim below the presumptive ceiling also requires a specific legal assessment.

Current statutory rules must also be checked

The current Criminal Code includes Part XV.1 — Unreasonable Delay. It preserves common-law principles except where altered or inconsistent with that Part, addresses case complexity and specified excluded periods, and requires consideration of appropriate alternatives before a stay of proceedings under section 492.31. Counsel must assess the provisions’ applicability, current case law and any constitutional issues. An older summary of Jordan alone is not a complete answer for every current case.

What should you do while waiting?

If you are in custody

Delay and detention involve related but distinct issues. A possible unreasonable-delay application does not automatically result in bail. Ask counsel about the applicable release or detention-review process, including section 525 of the Criminal Code where relevant.

Related guidance

For advice about your circumstances, contact our office. This article provides general information, not legal advice.