Women’s rights advocates frustrated by Kelowna man’s assault charges being stayed

A Kelowna man charged in a domestic assault dating back to November of 2021 walked away from the incident last week with a clear record because court delays scuttled the process.

Jeffrey Maclean was arrested and charged with assault and obstruction following an incident on Nov. 27, 2021.

His three-day trial was scheduled to get underway this month but, in a provincial court judgment on Aug. 17,  the court stayed his charges instead.

Maclean argued that the 21 months and three days between the time he was charged to when the trial got underway was unreasonable, and it exceeded the ceiling of 18 months established in the R. v. Jordan decision, which sets guidelines for trials to conclude, and the judge agreed.

It’s a decision that has rankled women advocates, who say it’s unacceptable.

1:59 B.C. woman killed in Mexico in suspected ‘femicide’

“As an organization dedicated to providing refuge and support to those who have suffered domestic abuse, we have witnessed firsthand the courage it takes for survivors to step forward and seek help. These survivors put their faith in a justice system that is meant to protect and provide them with a sense of justice and safety,” executive director of the Kelowna Women’s Shelter Allison Mclauchlan said.

“However, the unfortunate reality is that far too often, the system fails them, perpetuating their trauma and leaving them without the closure and protection they deserve.”

Mclauchlan said the decision sheds light on a critical issue that has long plagued our society: the inadequate response of the justice system to the plight of survivors of domestic abuse.

“The underestimation of the severity of the abuse by legal professionals, the inconsistent sentencing of perpetrators, and the absence of comprehensive measures to ensure survivor safety, also underscore the systemic failures that demand urgent attention,” she said.

“The decision to stay charges due to court delays presents a disheartening scenario where the system itself becomes a barrier to justice.”

The World Health Organization estimates that one in three women will become a victim of abuse over their lifetime.

In a report published in 2021, the WHO said most of this violence is intimate partner violence.

Worldwide, almost one-third (27 per cent) of women aged 15-49 years who have been in a relationship report that they have been subjected to some form of physical and/or sexual violence by their intimate partner.