‘Let’s go!’: Jury trials in Kitchener could resume next month

All Ontario jury panels were cancelled in March 2020 because of the COVID pandemic

KITCHENER — Criminal jury trials are set to resume at the Waterloo Region Courthouse in Kitchener next month after a 17month pause due to the COVID-19 pandemic.

“I believe the first one is scheduled Aug. 23 with a number of others to start in September and October,” Waterloo Region Crown Attorney Patricia Moore said in an email on Monday. “It will be a busy fall.”

Many Kitchener trials were delayed when Ontario temporarily cancelled all jury panels in March 2020 in the wake of the pandemic. Trials could be postponed again if COVID roars back.

The jury trial of Ager Hasan — charged with second-degree murder in the killing of his former girlfriend, Melinda Vasilije, in her Kitchener apartment in April 2017 — was scheduled to begin on May 11, 2020, but was postponed. That trial is now set for next April.

The Supreme Court of Canada’s decision in R. v. Jordan sets timelines to bring an accused person to trial. Proceedings for many offences must be completed within 18 months; more serious charges have a 30-month cap.

Since the Jordan ruling in 2016, hundreds of charges across Canada have been thrown out because of delays.

The Jordan clock can be paused if delays are caused by the defence or due to exceptional circumstances.

Some delays in the Hasan case were caused by the defence and “the Crown’s position is that COVID-19 is an exceptional circumstance,” Moore said.

Back in March 2020, defence lawyer Brennan Smart said the temporary cancellation of jury panels “could bring up Jordan issues.”

But on Monday, he said, “Unless you can demonstrate that the delay in a particular case cannot be attributed to the COVID closure, courts have uniformly held that the Jordan clock stopped.”

Some jurisdictions are already holding jury trials. Defence lawyer Stephen Proudlove said he was at one in Lindsay on Monday.

Defence lawyer Sean Safa had a handful of trials delayed due to the cancellation of jury panels.

“An accused’s right to a speedy trial should always be considered,” Safa said in a text, adding, “I’m fully vaccinated — let’s go!”