Ontario Court of Justice Scheduling Direction: Jordan-Compliant Scheduling in Provincial Offences Act Matters

Information

Last updated: March 30, 2026

Jordan-Compliant Scheduling in Provincial Offences Act Matters

The objective of this scheduling direction is to ensure that the Ontario Court of Justice offers Provincial Offence Act trial dates that comply with the obligations set out in R. v. Jordan, in accordance with the Court’s authority over scheduling and its obligation to ensure a defendant’s constitutional right to a trial within a reasonable time is respected.

The Supreme Court of Canada in Jordan held that unreasonable delay denies justice to the defendant, victims, their families and the public as a whole and can undermine public confidence in the justice system.

This scheduling direction applies to all Provincial Offences Act proceedings.

Jordan-Compliant Trial Dates

  1. To ensure that trials are completed before the Jordan ceiling is exceeded, the Court will offer a trial date that is expected to result in the trial being completed within 15 months of:
    • the date the Information was sworn (for proceedings under Part III of the Provincial Offences Act), or
    • the date the certificate of offence was filed with the court office (for proceedings under Part I of the Provincial Offences Act).
  2. This scheduling direction does not prevent a matter from being scheduled earlier than 15 months where possible.

Matters Proceeding under Part III of the Provincial Offences Act

  1. The 15-month trial scheduling directive is only possible if cases are scheduled for trial sufficiently early in the 15-month period.
  2. Part III matters are to be set for trial or set for a resolution date within 6 months of the Information being sworn.
  3. This applies to matters where the defendant is appearing personally or by representative.
  4. The Court’s expectation, unless otherwise directed by the Court, is that at the 6 month mark (from the date the Information was sworn) both parties will have addressed disclosure, conducted a Crown pre-trial and judicial pre-trial (if necessary) and be ready to do one of the following:
    1. resolve the matter, or identify the date for resolution; or
    2. set a trial.
  5. The parties will be expected to set a trial date even though certain matters, such as disclosure, retainer issues or potential resolution discussions, remain outstanding.
  6. If the parties are not yet ready to resolve the matter or have not yet determined whether it will be resolved, the Court will expect them to set a trial date pending further resolution discussions.
  7. The defence or prosecution may request to waive or otherwise decline a trial date offered by the court. This must be clearly stated on the record or otherwise documented in the court record. It will be up to the court to determine whether to grant the request because the court directs scheduling of cases.
  8. The parties must identify any such outstanding issues at the time the trial is set and are expected to take all necessary steps to address the outstanding issues well in advance of the trial date. This may include one or more of the following:
    1. bringing the matter forward;
    2. scheduling a judicial pre-trial to seek direction from the Court; and
    3. serving and filing the appropriate application(s) to address any outstanding issue(s), in accordance with the timelines and procedures set out in the Provincial Offences Act and the Rules of the Ontario Court (Provincial Division) in Provincial Offences Act Proceedings.
  9. If the trial time estimate needs to be adjusted after it has been set due to subsequent developments, parties are required to advise the relevant POA court in writing, at the earliest opportunity. These cases may need to be brought forward to be addressed on the record or to schedule a judicial pre-trial.
  10. A judicial officer may direct or order the parties to take any step(s) in a proceeding earlier than 6 months from the Information sworn date, where the judicial officer considers it warranted in the circumstances.
  11. Judicial pre-trials are required to be scheduled in cases that meet the criteria articulated in section 6 of the POA Judicial Pre-Trial Practice Direction. The judicial pre-trial should be scheduled to be completed within 6 months of the Information sworn date.

Matters Proceeding under Part I of the Provincial Offences Act

  1. The 15-month trial scheduling directive is only feasible if cases are scheduled for trial sufficiently early in the 15-month period and parties are prepared to proceed on the trial date. Individuals who request a trial or early resolution meeting (where available) should take steps to prepare prior to the date in the notice of trial or the date in the notice of early resolution meeting.
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