Adjournment
An adjournment is a court-ordered postponement of a hearing, motion, or trial to a later date. Adjournments are a routine feature of Canadian criminal procedure. Cases are adjourned for many reasons — to allow the defence to review disclosure, to retain counsel, to seek legal aid, to address scheduling conflicts, to permit settlement discussions, to obtain a Gladue report, or because the court simply lacks the time on the scheduled date to hear the matter.
The lawyers at Mass Tsang LLP track timing carefully in every file, using adjournments strategically while preserving delay arguments. For more on trial-timing rules, see our explainer on trial within a reasonable time.
Who decides
Adjournments require court approval. The party seeking the adjournment makes the request and provides reasons. The other side may consent or oppose. The presiding judge or justice of the peace decides, considering the reasonableness of the request, the prejudice to the other side, and the impact on court resources. Adjournments by consent are common; contested adjournments turn on the strength of the reasons given.
Adjournments and the Jordan delay clock
Adjournments matter for trial-within-a-reasonable-time analysis under R v Jordan, 2016. Delay attributable to the defence — including most defence-requested adjournments — is deducted from the Jordan ceiling (18 months in provincial court, 30 months in superior court). Delay attributable to the Crown or the institution counts against the ceiling. The characterization of each adjournment in a long case can decide whether a Jordan application succeeds.
Strategic use
Adjournments are not just procedural housekeeping — they can be strategic. Time to receive late disclosure, retain expert evidence, or obtain a key witness can change the trajectory of a case. Conversely, an unjustified pattern of defence adjournments hurts a later Jordan argument. Counsel must weigh tactical value against delay-clock cost.
Related glossary terms
