One of the first things clients ask me after being charged is how long this is going to take. The honest answer is that it depends on the charge, the complexity of the disclosure, the court where the matter is being heard, and whether the case is heading toward a resolution or a trial. What I can give you is a realistic breakdown of the stages and typical timelines, along with the factors that speed things up or slow them down.
From Arrest to First Appearance
After an arrest, if you are released by police either from the scene or after a bail hearing, you will be given a date to appear in court. This first appearance is typically within a few weeks to a few months of the arrest, depending on the charge and the jurisdiction. At the first appearance, your lawyer indicates that you have retained counsel and sets a date to receive and review disclosure.
The first appearance itself is administrative. Nothing is decided. Its purpose is to set the file in motion and confirm that counsel is in place.
Disclosure and the Early Stages
After the first appearance, the Crown serves disclosure, which is the package of evidence they have gathered: police notes, witness statements, video footage, forensic reports, and anything else the investigators collected. The disclosure package varies enormously in size. A simple common assault may have twenty pages. A fraud prosecution or a sexual assault with multiple complainants may have thousands.
Once I have reviewed disclosure, I meet with my client to discuss the strength of the Crown's case, whether there are Charter issues to pursue, and what outcomes are realistically available. This stage can take anywhere from a few weeks to several months depending on the volume of disclosure and the complexity of the issues.
Typical Total Timelines
For matters staying in the Ontario Court of Justice, a straightforward guilty plea or negotiated resolution typically concludes within six to twelve months of the charge. A contested hearing or trial at the Ontario Court of Justice generally takes twelve to twenty-four months from charge to verdict, though busier courthouses like Brampton and Toronto 1000 Finch can push toward the upper end of that range.
For matters elected to the Superior Court of Justice, the timeline is longer. Preliminary inquiries, where they are still available, add several months. Superior Court trials on serious matters, including murders, major sexual assaults, and complex fraud prosecutions, can take two to four years from charge to verdict.
The Jordan Decision and Your Constitutional Right to a Timely Trial
In 2016, the Supreme Court of Canada decided R. v. Jordan, which established strict presumptive ceilings on the time it takes to get to trial. Under Jordan, 18 months is the ceiling for cases in the Ontario Court of Justice and 30 months for cases in the Superior Court of Justice. If those ceilings are exceeded and the delay is not attributable to the defence, the accused may apply for a stay of proceedings, meaning the charges are permanently stopped.
Jordan has had a significant impact on how courts manage their dockets and how Crown attorneys prioritize cases. It has also become a genuine litigation tool in cases where institutional or Crown-caused delay has pushed the timeline past the ceiling. A successful Jordan application results in a permanent stay of proceedings, which is one of the strongest possible outcomes on a criminal file. I monitor the Jordan clock on every file and raise it as an argument wherever the delay is substantial.
What Causes Cases to Take Longer
The main factors that extend timelines include high volume at the courthouse, the length of the disclosure package, the number of witnesses required for trial, the complexity of any Charter applications, whether expert evidence is involved, and whether there are co-accused with different trial schedules. Cases at Brampton and Toronto courts tend to run longer than cases at smaller courthouses simply because of volume.
What Makes Cases Resolve Faster
Cases resolve quickly when the disclosure is lean, the issues are straightforward, and there is a resolution available that both sides can accept. In some cases, particularly for first-time offenders on less serious charges, I am able to negotiate a diversion or withdrawal within a few months. Having a lawyer who knows the Crown attorneys and the culture of the specific courthouse makes a real difference in how quickly things move. For context on how your criminal record is affected by the outcome, that question deserves attention from the start of the file.
What You Can Do
Retaining a lawyer early speeds things up. I can receive disclosure on your behalf, identify the key issues quickly, and start working toward a resolution or building a defence without delay. Waiting costs time and can limit your options.
I handle cases at courts across the GTA and Ontario, including Toronto, Brampton, Mississauga, Vaughan and Woodbridge, Newmarket, and Oshawa. Call for a free consultation at 647-547-6734.