WINNIPEG — Lengthy court delay times in Manitoba could soon mean people accused of murder and other crimes get their charges tossed.
READ MORE: Alberta murder case thrown out over trial delays; experts warn system on verge of collapse
In July, the Supreme Court of Canada set new rules for an accused’s right to be tried within a reasonable time frame. It was a decision that widely criticized the country’s legal system for a “culture of complacency” when it comes to delays in criminal trials.
Global News has learned approximately 20 delay motions have been brought forward by defence counsel in Manitoba since the new rule came down roughly six months ago.
RELATED: Ontario government tries to stop criminal charges being stayed by delays in starting trials
“We’ve seen delay motions in home invasions with fire arms, delay motions in bank robberies,” said Scott Newman, spokesperson for the Criminal Defence Lawyers Association. “I’m not surprised by 20 delay motions.”
Defence lawyers have been filing applications and applying for clients’ charges to be stayed following the Supreme Court’s R vs. Jordan decision that put hard timelines on what is considered an unreasonable delay for matters to get to trial.
Superior Court cases now have up to 30 months to be completed, from the time the charge is laid to the conclusion of a trial. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.
RELATED: Alberta murder case thrown out over trial delays; experts warn system on verge of collapse
Global News is told there are current Manitoba cases with delay motions that involve charges such as impaired driving, homicide, sexual offences, arson, weapons offences, robbery and assault.
Those are charges that could possibly get thrown out and see the accused go free if a judge determines it’s taking too long for the case to go to trial.
At this time, no criminal cases have been thrown out within the province due to delay since the Supreme Court ruling in July.
“(But) we’re seeing offers being made to resolve cases where there is clearly too much delay,” said Newman. “Or stays of proceedings where the matter isn’t going to court because everyone recognizes there is too much of a delay.”
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“If these cases, en mass, started getting dismissed… what do you tell the victims,” said lawyer Robert Tapper. “The accused in the criminal case got a free ride.”
It’s a terrifying thought for victims and their families who are waiting for justice.
“That’s horrendous. That cannot happen,” said Karen Wiebe from the Manitoba Organization for Victim Assistance. “Justice has to be administered and there is no excuse, none, no excuse for these things to be delayed to where the person doesn’t have their day in court.”
The Supreme Court ruling did outline certain concessions about the timelines.
Any delays beyond these 18 and 30 month time frames are “presumptively unreasonable” and violate the accused’s charter right to be tried within a reasonable time, the Supreme Court decision said.
“There’s no question that these deadlines are going to have a lot of people very nervous,” said Tapper.
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