OTTAWA—The federal 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.
“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.
The new Senate committee report 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.
