Journal Pioneer

Don’t stay

Award costs, reduce sentences when trials delayed unduly, senators say

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The Liberal government needs to establish a different consequenc­e for cases that take too long to make their way through the courts to prevent those accused of sexual assault or murder from walking free without a trial, a Senate committee says.

The Liberal government needs to establish a different consequenc­e for cases that take too long to make their way through the courts in order to prevent those accused of sexual assault or murder from walking free, a Senate committee says.

“We’re saying for very serious cases, this is a shock to the conscience of the community,” said Sen. George Baker, a Senate Liberal and deputy chair of the standing Senate committee on legal and constituti­onal affairs.

“This brings the administra­tion of justice into disrepute in the eyes of the Canadian public.” The Supreme Court’s groundbrea­king Jordan decision last summer set out a new framework for determinin­g whether a criminal trial has been unreasonab­ly delayed to the point where it has violated an accused’s charter rights.

The high court cited a “culture of complacenc­y” as part of the problem, and imposed a ceiling of 30 months for a case to make its way through superior courts, and 18 months for provincial courts.

Wednesday’s report — titled: “Delaying justice is denying justice” — points out that a stay of proceeding­s is currently the only remedy for a trial that goes on too long, and recommends reduced sentences or the awarding of costs as other solutions. The senators recommend Attorney General Jody WilsonRayb­ould refer those proposed changes to the Supreme Court to determine their constituti­onality. Wilson-Raybould said Wednesday that she has raised the idea of alternativ­e remedies

to unreasonab­le delays in her discussion­s with provincial and territoria­l justice ministers about how to tackle the issue.

“It is something that we have considered and will continue to consider to see if it can assist in contributi­ng towards relieving the delays,” she said.

The Supreme Court ruling came with a transition­al measure for cases already in the system, although a dissenting minority opinion argued the new time limits could lead to thousands of prosecutio­ns being tossed out. Conservati­ve Sen. Bob Runciman said the committee is concerned that the problems will not be fixed quickly enough to

prevent that from happening.

“We’re talking about a pretty big ship here that is going to take some time to turn around,” said Runciman, chair of the committee.

The “culture of complacenc­y” isn’t solely a justice system problem, he added.

“I think you can apply that to government­s as well with respect to the way they failed to respond to this over the decades, really,” Runciman said. Many observers are hoping the high court will clarify its controvers­ial ruling — especially when it comes to how judges should deal with these transition­al cases — on Friday, when it is scheduled to release

its decision on a drug case involving unreasonab­le delays. The case involves James Cody, a man accused of drug traffickin­g, who was granted a stay by a judge due to unreasonab­le delays before his trial began. The Newfoundla­nd and Labrador Court of Appeal overturned that decision, but Cody appealed to the Supreme Court.

The Crown is arguing that if prosecutor­s had known that the way the courts handle delays was going to change, they might have done things differentl­y. “It would not now be fair to go back and re-characteri­ze delay that was reasonable as unreasonab­le,” it said in a legal filing to the high court.

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 ?? CP PHOTO ?? Senate Committee on Legal and Constituti­onal Affairs Chair Senator Bob Runciman listens to a speaker after releasing the committee’s final report on court delays in Canada during a news conference in Ottawa. Wednesday.
CP PHOTO Senate Committee on Legal and Constituti­onal Affairs Chair Senator Bob Runciman listens to a speaker after releasing the committee’s final report on court delays in Canada during a news conference in Ottawa. Wednesday.

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