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Crown attorneys say resource shortages force them to drop files and accept lighter pleas. Bill C-16, passed in June, directs courts to weigh alternatives to stays.
globalnews.caQuebec prosecutors have stayed roughly 350 criminal cases since 2023 because they could not meet the time limits set by the Supreme Court of Canada’s 2016 Jordan ruling, according to the Association des procureurs aux poursuites criminelles et pénales.
The ruling caps provincial-court trials at 18 months and Superior Court trials at 30 months from the laying of charges. When those deadlines pass, courts must stay proceedings.
Cbc reported that data obtained through an access-to-information request show a rise in charges dismissed or stayed for exceeding the limits. Olivier Charbonneau, vice-president of the prosecutors’ union that represents 750 Crown attorneys, said the volume of active and complex cases has grown while staffing has not kept pace.
A January 2026 survey of union members found that 46 per cent often accepted plea bargains carrying lighter sentences than they considered appropriate.
The public prosecution service has directed prosecutors to give priority to cases involving children, the elderly, sexual violence, domestic violence, gun violence and victims of abuse. A DPCP spokesperson said no category of crime sits at the bottom of any list and that specialized teams continue to handle fraud and drug-trafficking matters.
Charbonneau said the union calculates that at least 100 additional prosecutors are required.
Some prosecutors now wait several months after an accused signs a promise to appear before laying formal charges, thereby delaying the start of the Jordan clock. Defence lawyer Jeffrey Boro said accused persons sometimes receive court dates six to eight months after signing such promises.
Since 2018 the Quebec government has increased the justice ministry’s budget by 96 per cent, created 27 new judge positions and expanded the number of prosecutors by 30 per cent.
It has also broadened the duties of justices of the peace to free provincial-court judges for trials. Bill C-16, which received Royal Assent in June 2026, requires courts to consider alternatives to a stay of proceedings and to weigh the potential impact on victims before ordering one.
Karine Mac Donald, general director of Plaidoyers victimes, said the changes address a gap in the original Jordan framework but that implementation details remain to be settled.
Lucie Rondeau, who served as chief justice of the Quebec Court from 2016 to 2023, said the ruling prompted useful administrative changes yet further federal reform of court procedures is still needed.
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