WINNIPEG — A Winnipeg man on accused of attempted murder tried to have his case thrown out of a Manitoba court Monday morning, citing lengthy delays.
More than two dozen criminal cases in Manitoba have filed similar delay motions, with lawyers asking for charges to be dropped.
It was another argument made in court by defence lawyer Stacey Soldier on behalf of her client, Michael Kelly.
It’s been nearly three years since Kelly was arrested by Winnipeg police after allegedly shooting a 17-year-old.
In April 2014, the teenage boy was in a home in the 600 block of Manitoba Avenue when two men forced their way in, according to police.
When the pair inside the house tried to run, one of the men who forced their way in shot him in the upper body, police said.
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The teen was rushed to hospital in critical condition but survived.
It’s alleged both the accused and the victim are gang members.
As trial began Monday morning, Kelly pleaded not guilty to attempted murder along with six other charges.
Earlier last week, defence brought forward a delay motion application, saying it’s taken too long for Kelly to have his day in court.
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The defense is arguing that it has taken 33 months for Kelly’s trial to begin.
“When the Supreme Court speaks, we listen,” Soldier said. “We have to listen.”
According to a July Supreme Court of Canada ruling, criminal cases must now be heard within 30 months.
Judge Vic Toews however, disagreed with Soldier.
“What concerns me is trying to apply a set of criteria or guidelines retroactively,” Toews said. “I can’t see anything unreasonable that the Crown is doing. This is a transitional case.”
The defence did not make the delay motion application until after the Supreme Court ruling.
“In the end we are talking about 32 months. Is this delay so egregious that the case should be stayed?” Toews said.
According to Toews, no. The application was dismissed.
Since the Supreme Court ruling six months ago, Justice officials tell Global News 28 delay motions have been brought forward in Manitoba.
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About half of those have been resolved, meaning either defence counsel has withdrawn the application, the accused pleaded guilty or the judge ruled against the motion.
No criminal cases have been thrown out in Manitoba due to delay since the July ruling.
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