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SCC poised to clarify Jordan, backtracking unlikely

Tuesday, April 25, 2017 @ 7:33 PM | By Cristin Schmitz

Judges of the Supreme Court of Canada signalled their openness to clarifying how their new Jordan analytical framework for s. 11(b) Charter claims should treat defence delays, as well as criminal cases in the system before Jordan was handed down last July.

Justice Michael MoldaverBut the very engaged seven-judge bench that reserved judgment April 25 in R. v. Cody did not seem poised to retrench from the court’s controversial 5-4 decision in R. v. Jordan 2016 SCC 27, that shook the Canadian criminal justice system by imposing new...