June 11, 2026
Canada’s Chief Justice, Richard Wagner, has delivered a strong defence of the Supreme Court of Canada’s landmark decision in R. v. Jordan, while simultaneously warning that artificial intelligence presents a growing threat to the integrity of legal proceedings when lawyers and litigants rely on fabricated case law.
Speaking at his annual press conference in Ottawa, Chief Justice Wagner addressed some of the most significant challenges currently facing the Canadian justice system, including court delays, public confidence in the judiciary, and the increasing appearance of AI-generated “hallucinated” legal authorities in court filings.
Jordan Remains Good Law
Ten years after the Supreme Court’s controversial decision in R. v. Jordan (2016), the Chief Justice made it clear that the framework remains essential to protecting the constitutional right to a trial within a reasonable time.
Jordan established presumptive ceilings of:
- 18 months for cases proceeding in provincial court; and
- 30 months for cases proceeding in superior court.
Where those limits are exceeded, criminal proceedings may be stayed unless the Crown can justify the delay.
The decision has resulted in thousands of criminal charges being dismissed across Canada because courts determined that unreasonable delays violated section 11(b) of the Canadian Charter of Rights and Freedoms.
Critics have argued that Jordan has allowed guilty individuals to avoid prosecution. However, Chief Justice Wagner emphasized that the real problem is not Jordan itself but the persistent under-resourcing and inefficiencies within the justice system.
“It should never happen in Canada that criminal proceedings should be stayed because of delays,” Wagner stated.
At the same time, he reaffirmed that lengthy delays harm everyone involved in the justice process, including accused persons, victims, witnesses, and society as a whole.
Why Timely Justice Matters
For those concerned with wrongful convictions, timely justice is not merely an administrative concern.
Individuals facing criminal charges often spend years under restrictive bail conditions, experience financial hardship, lose employment opportunities, and suffer significant psychological stress while awaiting trial. Witness memories fade, evidence deteriorates, and the ability of both Crown and defence to present reliable evidence may be compromised.
The right to a timely trial is therefore not simply a procedural safeguard—it is a fundamental protection against injustice.
While a stay of proceedings is not a perfect remedy, the Jordan framework continues to place pressure on governments and justice system participants to ensure that constitutional rights are respected.
A New Threat: AI-Generated Fake Cases
Chief Justice Wagner also expressed concern regarding the increasing number of fabricated legal authorities being cited in Canadian courts.
Recent reports indicate that Canadian courts and tribunals have identified more than 200 non-existent cases appearing in legal submissions since early 2024. Many of these false authorities appear to have been generated by artificial intelligence systems that produce convincing but entirely fictional legal citations.
While self-represented litigants account for many of these incidents, the Chief Justice emphasized that lawyers have also submitted fabricated authorities.
As officers of the court, lawyers have an obligation to verify every authority they cite.
The Chief Justice warned that AI-generated misinformation poses a serious challenge to the administration of justice and undermines confidence in legal proceedings when courts must spend time determining whether cited cases actually exist.
AI and Wrongful Convictions
Artificial intelligence offers significant opportunities for legal research, document review, and access to justice. However, wrongful conviction advocates should be particularly mindful of its limitations.
Conviction review work often involves analyzing thousands of pages of transcripts, disclosure records, forensic reports, and historical court documents. AI tools may assist in organizing and summarizing those materials, but they cannot replace careful human analysis.
Most importantly, AI cannot assess credibility, determine factual accuracy, or exercise legal judgment.
The Supreme Court of Canada has made clear that while AI may assist with administrative and research functions, judicial decision-making must remain firmly in human hands.
Protecting Public Confidence
Chief Justice Wagner also cautioned against efforts to politicize the judiciary or portray courts as partisan institutions.
An independent judiciary remains one of the most important safeguards against wrongful convictions and miscarriages of justice. Courts must be free to apply the law without political pressure, public intimidation, or partisan influence.
The rule of law depends upon public confidence that judges will decide cases based on evidence and legal principle—not politics.
The Bottom Line
The Chief Justice’s remarks serve as a reminder that justice systems face both longstanding and emerging challenges.
The lessons of Jordan continue to emphasize the importance of timely justice, while the rapid expansion of artificial intelligence presents new risks that courts, lawyers, and litigants must confront.
For organizations such as Miscarriage of Justice Canada, these issues are closely connected. Protecting constitutional rights, ensuring reliable legal processes, and maintaining confidence in the administration of justice remain essential components of preventing wrongful convictions and correcting them when they occur.