Traffic Tickets: Your Right to a Trial Within 18 Months (Jordan, 2016 SCC 27)

Section 11(b) of the Canadian Charter of Rights and Freedoms gives anyone charged with an offence the right to be tried within a reasonable time. Two decisions set the rules that apply to traffic tickets in Ontario.

R. v. Jordan, 2016 SCC 27

In R. v. Jordan, decided on July 8, 2016, the Supreme Court of Canada set firm time limits. A case in the provincial court must be completed within 18 months of the charge, and a case in a superior court within 30 months. Delay caused or waived by the defence is not counted. If the remaining delay is longer than the limit, it is presumed unreasonable and the charge is stayed, unless the prosecution shows exceptional circumstances.

R. v. Nguyen, 2020 ONCA 609

In R. v. Nguyen, decided on September 30, 2020, the Court of Appeal for Ontario held that the same 18-month limit applies to tickets under Part I of the Provincial Offences Act, such as most Highway Traffic Act charges. It rejected a shorter limit for tickets. The drivers in that case lost, because their delay was under 18 months and they had not asked for earlier trial dates.

What this means for you

• If your ticket is not tried within 18 months, after subtracting any delay you caused, you may be able to have the charge stayed.
• A stay is not automatic. You must bring a Charter application before trial, with the required notice.
• Courts look at whether you pushed for the earliest trial date. Accepting late dates without objection can weaken your application.

We defend Highway Traffic Act and other provincial offence tickets in Windsor and across Ontario. Book a consultation or call (519) 999-9925.

Sources: Supreme Court of Canada, R. v. Jordan, 2016 SCC 27; TheCourt.ca, “R v Nguyen affirms 18-month provincial court ceiling applies to Part I provincial offences”.

This article is general information, not legal advice. Reviewed October 22, 2026.