How Long Does It Take for a Criminal Charge to Come to a Conclusion?

Facing a criminal charge can be a long, stressful, and uncertain experience. One of the most common questions asked by individuals going through the criminal justice process is, “How long will my case take to come to a conclusion?” Unfortunately, there is no one-size-fits-all answer, as the time it takes to resolve a criminal case depends on many factors, including the complexity of the case, the nature of the charges, and the court’s schedule.

In this blog post, we will walk through the stages of a criminal case in Canada and explore the various factors that can affect the timeline from arrest to resolution.

1. The Criminal Justice Process in Canada

Before understanding how long a criminal case takes, it’s important to know the key stages of the criminal justice process in Canada. While each case is unique, a typical criminal case may include the following steps:

a. Arrest and Charges

• Timeline: Immediate

• After an individual is arrested, they are formally charged with a crime. The police will gather evidence, and the Crown prosecutor will decide whether to proceed with charges. If charged, the accused will be informed of the specific offence(s) they are facing.

b. First Court Appearance

• Timeline: Typically within a few weeks of being charged

• The first court appearance, often referred to as a set date, is a procedural step where the accused is informed of the charges and the case’s progress. The court may set dates for future hearings or allow the accused time to hire a lawyer or review the Crown’s disclosure.

c. Disclosure of Evidence

• Timeline: Usually within a few weeks to a few months

• The Crown prosecutor is required to provide disclosure, which includes all the evidence they plan to use against the accused. This could be police reports, witness statements, video footage, or forensic evidence. The timeline for receiving disclosure can vary depending on the complexity of the case.

d. Plea Negotiations or Pre-Trial Hearings

• Timeline: A few weeks to several months

• During this phase, the defence lawyer may negotiate with the Crown for a plea bargain. If a resolution is reached, the case can be concluded quickly. If no plea is agreed upon, the case may move forward to trial, and pre-trial hearings may be scheduled.

e. Preliminary Inquiry (for Indictable Offences)

• Timeline: A few months to over a year, depending on court schedules

• For serious, indictable offences, a preliminary inquiry may be held to determine if there is enough evidence to proceed to trial. This is not required in all cases, but when it occurs, it adds time to the overall process.

f. Trial

• Timeline: Several months to over a year

• The trial is the most time-consuming part of the criminal process. If the accused pleads not guilty, the case will go to trial where evidence is presented, witnesses are cross-examined, and a judge or jury decides on guilt or innocence. The complexity of the case, availability of witnesses, and court scheduling can significantly impact how long it takes to schedule and complete a trial.

g. Sentencing

• Timeline: Immediately after conviction or a few weeks later

• If the accused is convicted or pleads guilty, sentencing may occur immediately or within a few weeks. The court will consider aggravating and mitigating factors before determining the appropriate penalty.

  
  

2. Factors That Affect the Timeline of a Criminal Case

While the above timeline provides a general overview, various factors can influence how long a criminal case takes to resolve:

a. Complexity of the Case

• Simple cases (e.g., minor theft or impaired driving) can often be resolved more quickly, while complex cases (e.g., serious fraud, drug trafficking, or violent crimes) may involve extensive evidence, multiple witnesses, and expert testimony, prolonging the timeline.

b. Type of Offence

• Summary offences, which are less serious, tend to be resolved faster than indictable offences, which are more serious and involve more complex legal proceedings.

c. Court Backlogs

• The availability of court dates plays a major role in the length of time it takes to conclude a criminal case. In many jurisdictions, courts are busy and cases are often delayed due to a backlog of cases. This is especially true in urban centres where the volume of cases is high.

d. Plea Bargaining

• If the accused accepts a plea deal early in the process, the case can be resolved much faster. Plea bargains avoid the need for a trial, which can significantly shorten the timeline.

e. Disclosure Delays

• If there are delays in receiving full disclosure from the Crown, the case may be delayed until both the defence and prosecution have had sufficient time to review all the evidence.

f. Pre-Trial Motions

• Pre-trial motions, such as those challenging the admissibility of evidence or requesting a Charter rights violation remedy, can extend the case timeline. These motions require separate hearings before the trial can proceed.

g. Availability of Witnesses

• If witnesses, including experts, are not available to testify at trial, this can lead to postponements. The court must ensure that all parties are available before setting a trial date.

  
  

3. How Long Do Criminal Cases Typically Take?

While each case is unique, here’s a rough estimate of how long different types of cases may take to reach a conclusion:

• Minor Summary Offences (e.g., petty theft, simple assault):6 months to 1 yearThese cases typically move through the system more quickly, especially if the accused pleads guilty or accepts a plea deal.

• Moderate Cases (e.g., impaired driving, fraud under $5,000):1 year to 18 monthsCases involving more evidence, witness testimony, or where the accused pleads not guilty can take longer, especially if there are delays in scheduling or disclosure.

• Serious Indictable Offences (e.g., sexual assault, drug trafficking, aggravated assault):1.5 to 2+ yearsSerious charges often involve lengthy investigations, complex legal issues, and multiple court appearances. Trials for these cases can take months or even years to conclude.

  
  

4. The Right to a Timely Trial: The Jordan Decision

The Supreme Court of Canada’s decision in R v. Jordan (2016) established a guideline for what constitutes an unreasonable delay in criminal cases. According to the Jordan ruling:

• Cases in provincial court should be concluded within 18 months.

• Cases in superior court (or cases requiring a preliminary inquiry) should be concluded within 30 months.

If a case takes longer than these timeframes, the defence can apply for a stay of proceedings (dismissal of charges) based on unreasonable delay, unless the Crown can justify the delay with exceptional circumstances.

5. What You Can Do to Speed Up the Process

While some delays are outside of your control, there are steps you can take to help move your case forward:

• Hire a lawyer early: Retaining an experienced criminal defence lawyer as soon as possible can help ensure that your case is handled efficiently.

• Cooperate with your lawyer: Provide all necessary information and documents promptly to avoid unnecessary delays.

• Consider plea negotiations: If a trial seems risky or drawn out, a negotiated plea deal may help resolve your case faster.

  
  

Conclusion

The time it takes for a criminal charge to come to a conclusion varies widely based on the nature of the offence, the complexity of the case, and other factors such as court backlogs and pre-trial motions. While minor cases may be resolved in a matter of months, more serious indictable offences can take years to conclude. It’s important to stay informed, work closely with your criminal defence lawyer, and remain patient throughout the process.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.