N.L. Premier Calls Criminal Case Dismissals Due to Trial Delays 'Not Acceptable'
Newfoundland and Labrador is grappling with a serious court system problem: criminal cases are being thrown out because trials aren't happening fast enough — and until recently, nobody was even keeping count.
Premier Tony Wakeham made headlines this week after a CBC News investigation exposed how cases are being lost to what's known as the Jordan rule, a Supreme Court of Canada precedent that sets strict timelines for bringing criminal cases to trial. When those timelines are breached, judges can and do stay the charges — meaning accused individuals walk free, regardless of the alleged offence.
What Is the Jordan Rule?
In 2016, the Supreme Court of Canada established firm ceilings on how long criminal proceedings can take. Provincial court cases must generally be resolved within 18 months of charges being laid; Superior Court cases have a 30-month ceiling. If those deadlines are missed and no exceptional circumstances apply, the charges are stayed.
The rule was designed to address Canada's long-standing problem of court backlogs and ensure accused persons receive a trial within a reasonable time — a right guaranteed under the Charter. But critics argue it has created an unintended consequence: serious criminal cases being dropped not because of innocence, but because of administrative failure.
The Situation in Newfoundland
The CBC investigation found that Newfoundland and Labrador's justice system has been losing criminal cases to Jordan stays at an alarming rate — and crucially, the province had no formal mechanism to track how many cases were being affected.
That's now changing. Justice Minister Elaine Henley confirmed her department will begin systematically tracking Jordan stays going forward, a move that legal observers say is long overdue. Without reliable data, it's nearly impossible to identify which courts, case types, or systemic bottlenecks are most responsible for the delays.
Premier Wakeham, speaking publicly about the issue, said the dismissal of cases due to missed deadlines is "clearly unacceptable" and signalled that the government is committed to finding solutions.
A National Problem
While the spotlight is on Newfoundland, court delays are a persistent challenge across Canada. Provinces from British Columbia to Nova Scotia have faced similar criticism over backlogs that have worsened since the COVID-19 pandemic disrupted court schedules for months at a time.
Advocacy groups and defence lawyers have long pointed to a shortage of judges, Crown prosecutors, and legal aid resources as root causes. The solution, most experts agree, requires sustained investment in the justice system — not just tracking data, but acting on it.
For victims and their families, Jordan stays can be devastating. Cases involving serious charges — assault, fraud, even some violent offences — have been dismissed on procedural grounds, leaving complainants without closure.
What Comes Next
With Newfoundland now committing to tracking these cases, the hope is that clearer data will drive targeted reforms. Other provinces are watching closely — and advocates are calling on the federal government to take a stronger leadership role in addressing court delays from coast to coast.
The CBC News investigation that prompted this response is a reminder of why accountability journalism matters: without public scrutiny, systemic failures in institutions as critical as the courts can go unaddressed for years.
Source: CBC News Top Stories. Original reporting by CBC News.
