Delays threaten 6,000 criminal cases in Ontario

‘Nearly half of all cases are being tossed before trial,’ MPP Randy Hillier says

“The auditor general has been raising these flags for a number of years in her reports.” RANDY HILLIER PROGRESSIVE CONSERVATIVE MPP

The Ontario government is facing renewed pressure to reduce delays in the court system after a first-degree murder charge, laid four years ago, was stayed.

The tossing of the murder charge in Ottawa last week is believed to be a first for such a serious crime. On Friday, the Ministry of the Attorney General announced it is appealing and seeking a new trial.

Progressive Conservative MPP Randy Hillier said charges are stayed in almost half of all criminal cases in Ontario, a rate among the worst in the country.

“The keystone to a safe and secure society is our criminal justice system,” Hillier told reporters at Queen’s Park.

“When nearly half of all cases are being tossed before trial, that has to be a concern, and it has been a concern — the auditor general has been raising these flags for a number of years in her reports.”

He said that right now, about 6,000 cases across the province “are in jeopardy of being thrown out just on the delay mechanism.”

“This is pervasive; it’s not confined to one or two courthouses, this is across the province. And when you look at our numbers in relation to every other province, in Quebec 8 per cent of cases are tossed before trial, here we are at 43 per cent,” added Hillier (Lanark—Frontenac— Lennox and Addington), his party’s justice critic.

A Supreme Court of Canada ruling this year — citing complacency in the criminal justice system — set new deadlines to avoid unreasonable delays for accused, allowing 18 months for provincial cases from the time charges are laid, and 30 months for Superior Court cases, with some exceptions.

Ontario Attorney General Yasir Naqvi said since that decision, “my ministry has been working with Crowns, court services staff, the judiciary and the criminal defence bar, and we have taken a number of steps.

“We are assessing the state of cases in the Superior Court of Justice and the Ontario Court of Justice.

“We’ve been organizing local bench, Crown and bar meetings to discuss local solutions,” he told the legislature.

In light of the appeal of the Ottawa case, on Friday, Naqvi said he has been “briefed on the matter and I support this decision. As this matter is before the Court of Appeal, I cannot comment any further.”

Adam Picard, an ex-soldier, was charged in 2012 after the body of a man was found in the woods near Calabogie, south of Renfrew.

The man had been shot in what was suspected to be a drug-related crime.

The judge who stayed the charge noted the Crown had previously opposed a motion to expedite the case, while also facing heavy workloads.

On Friday, Naqvi told reporters his ministry is looking at better case management and that it continues to evaluate “quite regularly” the number of charges stayed, with Crowns putting in additional resources as needed.

“I take this matter very seriously . . . and I am concerned . . . It is absolutely important that our justice system works for everyone: works for the victims, works for the accused and it should work for the public across the province.”