Simon's Legal Resources

Charter - s.11(b) Trial Delay - Contempt Proceedings

. Clancy v. Farid

In Clancy v. Farid (Ont CA, 2024) the Ontario Court of Appeal considered the application of Charter s.11(b) [trial delay] to contempt proceedings:

[56] Some courts have observed that it is arguable that a civil motion for contempt is subject to the guarantee in s. 11(b) of the Charter that “any person charged with an offence has the right … to be tried within a reasonable time”: see e.g., Lymer v. Jonsson, 2023 ABCA 367, [2024] A.W.L.D. 1281, at para. 32; St-Amour c. Major, 2017 QCCS 2352, 141 W.C.B. (2d) 749. But even accepting that, Mr. Farid has not shown an arguable case that there was a delay beyond the Jordan ceiling.

[57] The Jordan ceilings apply from the date of the charge until the actual or anticipated end of the evidence and argument: R. v. K.G.K., 2020 SCC 7, [2020] 1 S.C.R. 364, at para. 31.The hearing before Ramsay J. resulting in her March 4, 2022 summary judgment (and the dismissal of the contempt motion) concluded on September 2, 2021. Mr. Farid has not identified how the “charge” of civil contempt – the bringing of the motion seeking that finding – could be said to have begun more than 30 months before September 2, 2021. Nor does the record for this motion contain any information that would allow that conclusion to be drawn.