Newfoundland and Labrador will begin tracking criminal cases affected by missed trial-deadline rules after a CBC News investigation found at least 24 people in the province had charges stayed, dismissed or withdrawn over the past year and a half following Jordan applications.
Premier Tony Wakeham said Wednesday that it is unacceptable for criminal cases to fall out of the system because they took too long to reach trial. “None of us would want to see that kind of delays in our justice system that cause that kind of thing to happen,” Wakeham told reporters. “And as we have said before, and we’ll continue to say, we have to do better.”
The issue centers on the Supreme Court of Canada’s R v Jordan decision, which set presumptive time limits for criminal trials: 18 months in provincial courts and 30 months in superior courts, measured from the time charges are laid. Delays beyond those limits are presumed unreasonable unless they are caused by the defence or by exceptional circumstances.
Province says it will start collecting the numbers
Justice Minister Helen Conway Ottenheimer said her department will begin compiling data on Jordan cases so officials can assess whether new investments are reducing delays. She did not say when the information would be made public.
“We want to ensure that we’re tracking and we’re analyzing this going forward, so that we can make improvements and see if the improvements and the investments that we’re making are effective,” Conway Ottenheimer said.
The province’s recent budget included plans for more police, prosecutors, judges and court staff, according to the CBC report. Wakeham pointed to that work when asked how the government intends to address a court system strained by closures and delays.
Justice officials in the province have previously said they could provide only the current number of Jordan applications before the courts, not statistics on charges affected by missed timelines. CBC Investigates reported that it tracked the cases itself, finding at least 24 people whose charges were stayed, dismissed or withdrawn after Jordan timelines were breached.
The investigation also found the Crown successfully opposed at least a dozen Jordan applications, including four in sexual assault cases, and that plea deals were reached in about a half-dozen other cases. CBC reported 10 additional cases where Jordan applications were never heard because the charges did not proceed for other reasons, including excluded evidence or acquittals at trial.
Conway Ottenheimer said delays carry consequences for those caught up in the system. “When their cases are not being decided on the merits, that impacts the victims, that impacts anyone who’s involved in the case,” she said. “And really it’s not acceptable.”
The next test for the province will be whether tracking the cases produces public data — and whether added staff and resources reduce the number of prosecutions ending because courts cannot meet constitutional timelines.
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