A judge has tossed the charges against a Toronto teen who was accused in the death of a cat and causing harm to a raccoon in 2024 in the Riverdale neighbourhood.
In a judgment released on Friday, Ontario Court Justice Seth Weinstein stayed charges against a youth, ruling that evidence was not disclosed “promptly.”
“The delay in setting this matter down for trial was entirely due to the failure to provide timely disclosure, which caused the case to take markedly longer than it should have,” Weinstein wrote in his ruling.
The case attracted significant attention at the time, with people on social media calling on residents to protect their animals.
The teen was 16 when he was arrested in August 2024.
In his decision, Weinstein noted after the allegations were made against the youth, his name and home address were published on social media. The youth cannot be named or identified under the Youth Criminal Justice Act.
“The family endured repeated harassment, including threats delivered to their mailbox, individuals shouting outside their home, and acts of vandalism such as throwing eggs and dog excrement,” Weinstein wrote.
The judge added that a “masked intruder” broke into the family home in February last year and threatened them. He also noted the teen’s release conditions required him to live apart from his parents for more than a year.
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In a statement to Global News, the family said it was “greatly relieved” by the outcome.
“In Canada, you are innocent until proven guilty, except that’s not how we were treated,” the family wrote. “Unfortunately, we now know what the system and people’s biases can do to you. Our lives have been irrevocably altered.”
In his ruling, the judge criticized the Crown’s case as “plagued by disorganization, a lack of resources, oversights and indifference to the disclosure process.”
The ruling notes that the teen was originally charged Aug. 26, 2024, with causing unnecessary harm to a racoon. He was then charged four days later with causing the death of a cat, failing to comply with a release order, and two additional counts of causing unnecessary harm to a raccoon.
Since those charges were laid, two of the charges involving harm to a racoon were withdrawn. The youth was set to face the remaining charges in a trial scheduled for Feb. 9 that would conclude Feb. 20.
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Weinstein writes that the teenager’s case would have taken about 17 months by the time it started, which he notes is just shy of the Jordan ceilings. That ceiling was set out by the Supreme Court of Canada in 2016, which ruled that cases in provincial court must not exceed 18 months from the time a criminal charge is laid to the conclusion of the trial.
Though that same ruling is not set in stone. Canada’s highest court said a delay may be unreasonable even if it falls below the time limits, but the defence would need to establish it took meaningful steps to expedite the proceedings and show the case lasted “markedly longer” than it should have.
Weinstein says in his ruling that the defence “took sustained and proactive steps to expedite disclosure.” He added that while the Crown argued the defence’s actions “reflect routine diligence expected of counsel,” Weinstein wrote that the teen’s defence counsel “far exceeded what is expected of diligent counsel.”
Annamaria Enenajor, counsel for the teen, said the case “collapsed under the weight of investigative error.”
“In this case, long delays betrayed an investigation that lacked evidence and was inadequate from the start,” Enanajor wrote in a statement to Global News.
The Crown argued the case was “complex” and that justified the pace of disclosure, but Weinstein wrote there was “no investigative or legal complexity” that explains the months-long delay behind essential disclosure.
“This case involves a single accused and a brief police investigation,” Weinstein wrote. “The sole reason the case did not proceed more expeditiously was the failure of the Crown and police to coordinate their efforts to provide necessary disclosure.”
In his analysis of the case, Weinstein concluded: “The police placed no priority to this case.”
—with files from The Canadian Press
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