- Simple, summary conviction matters often resolve in 3 to 8 months; serious indictable matters can take 12 to 24+ months.
- Roughly 95% of criminal cases resolve through negotiation with the Crown rather than proceeding to trial.
- The R. v. Jordan framework sets presumptive ceilings for how long a case can take before it becomes a Charter violation: 18 months for summary matters, 30 months for indictable matters (in provincial court).
- Key stages include the first appearance, disclosure, Crown pretrial, judicial pretrial, and — if unresolved — trial.
- Delays caused by the accused (such as changing lawyers or requesting adjournments) are generally excluded from Jordan timeline calculations.
- A case that takes too long can potentially be stayed (thrown out) under the Charter — but this is a high bar to meet.
Summary vs. Indictable Matters: The Starting Point
The single biggest factor determining how long your criminal case will take is whether your offence is prosecuted as a summary conviction offence (less serious, lower maximum penalties, generally faster) or an indictable offence (more serious, higher maximum penalties, generally slower and more procedurally complex). Many offences are "hybrid," meaning the Crown chooses which route to pursue.
Beyond this classification, the actual timeline depends on court backlogs in your specific jurisdiction, the complexity of the evidence, whether multiple co-accused are involved, and — most significantly — whether the matter resolves through negotiation or proceeds to trial.
The Stages of a Criminal Case in Ontario
Summary Offence Timelines: 3 to 8 Months
Simpler matters — such as a first-time shoplifting charge, minor mischief, or a straightforward assault with limited evidence — often resolve within 3 to 8 months from the date charges are laid, particularly when resolved through negotiation rather than trial.
Cases with strong potential for early resolution — such as viable diversion eligibility or clear evidentiary weaknesses — can sometimes resolve even faster, occasionally within the first two to three court appearances.
Indictable Offence Timelines: 12 to 24+ Months
More serious indictable offences — such as aggravated assault, robbery, or drug trafficking — typically take considerably longer, particularly if the matter must proceed through Superior Court, potentially including a preliminary inquiry, and eventually a jury or judge-alone trial.
Cases involving multiple co-accused, extensive forensic evidence, wiretap evidence, or numerous pretrial Charter applications can extend well beyond two years, particularly in busier jurisdictions with significant court backlogs.
The Jordan Framework: A Constitutional Timeline Ceiling
In the landmark 2016 Supreme Court of Canada decision R. v. Jordan, the court established presumptive ceilings for how long a criminal case can take before the delay is considered a violation of the accused's Charter right to be tried within a reasonable time:
- 18 months for matters tried in provincial court (most summary and many indictable matters).
- 30 months for matters tried in Superior Court, or that proceed through a preliminary inquiry.
Delay caused by the defence — including adjournment requests, changing lawyers, or bringing additional applications — is generally subtracted from the total delay calculation. Only delay attributable to the Crown or the system counts toward the Jordan ceiling.
What Happens If the Ceiling Is Exceeded
If total delay (after subtracting defence-caused delay and accounting for exceptional circumstances) exceeds the applicable ceiling, the accused can bring an application for a stay of proceedings — effectively ending the prosecution due to unreasonable delay, regardless of the strength of the evidence against them.
A provincial court matter takes 22 months from charge to trial. After subtracting 5 months of delay caused by defence adjournment requests, the net delay attributable to the Crown and system is 17 months — below the 18-month ceiling, meaning a Jordan application would likely fail. Had the net delay exceeded 18 months, a stay application would have a strong chance of success.
What Affects Your Specific Timeline
| Factor | Effect on Timeline |
|---|---|
| Summary vs. indictable classification | Indictable matters generally take significantly longer |
| Number of co-accused | More co-accused often means more scheduling complexity and delay |
| Complexity of disclosure | Extensive forensic, digital, or wiretap evidence extends review time |
| Court backlog in your jurisdiction | Busier courthouses (e.g. Toronto, Brampton) often mean longer waits between appearances |
| Willingness to negotiate a resolution | Early, realistic negotiation is generally the fastest path to resolution |
| Charter applications brought | Add time but may be necessary and worthwhile depending on the issues raised |
Disclosure Delays: A Common Bottleneck
The Crown is legally obligated to provide disclosure — all relevant evidence — to the defence. In practice, disclosure is sometimes incomplete or delayed, particularly for cases involving digital evidence, expert reports, or multiple witnesses.
Persistent, well-documented requests for outstanding disclosure not only move your case forward but can also support a future Jordan application if the Crown's delay in providing disclosure becomes a significant contributor to overall delay.
Trial vs. Early Resolution: The Biggest Timeline Variable
Approximately 95% of criminal matters in Ontario resolve without a trial, through a negotiated result at the Crown pretrial or judicial pretrial stage. This is by far the biggest factor in how quickly your case concludes — matters that proceed to trial take dramatically longer due to the need to schedule trial dates (often many months out in busy jurisdictions), prepare witnesses, and conduct the hearing itself.
Every criminal case has a different realistic timeline. Call our Toronto criminal defence lawyers at 416-274-2222 for a free, confidential assessment of your specific matter.
Frequently Asked Questions
Early resolution through Crown negotiation — often resulting in withdrawal, a peace bond, or a discharge — is generally the fastest path, sometimes resolving within a few months of the charge being laid.
Established in the Supreme Court of Canada case R. v. Jordan, this framework sets presumptive ceilings on the total time a criminal case can take — 18 months for provincial court summary matters, 30 months for more serious matters — beyond which delay is presumed unreasonable under the Charter.
Yes, potentially. If a case exceeds the Jordan ceiling and the delay is not attributable to the defence or exceptional circumstances, the accused can apply to have the charges stayed (dismissed) due to unreasonable delay.
Complex cases involving extensive disclosure, multiple co-accused, expert evidence, Charter applications, or serious indictable charges requiring a preliminary inquiry and Superior Court trial can extend well beyond a year.
It can. Time attributable to defence actions — including changing counsel, requesting adjournments, or bringing additional applications — is generally excluded from Jordan delay calculations and can extend your overall timeline.
This period is generally used to request and begin reviewing Crown disclosure — the evidence the Crown intends to rely on — which forms the basis for early negotiation discussions.
This varies significantly by jurisdiction and court backlog, but is often scheduled within a few months of the first appearance, once initial disclosure has been reviewed.
Not necessarily. Rushing to resolve a case before your lawyer has fully reviewed disclosure and assessed all available defences can result in a worse outcome than a more thorough, appropriately paced process.