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Supreme Court rules on unreasonable delays


Gurn

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https://www.msn.com/en-ca/news/other/delay-in-murder-case-was-excessive-under-timely-justice-rules-supreme-court/ar-BB16RCnQ?ocid=msedgdhp

 

"

OTTAWA — The Supreme Court of Canada has upheld a judge's decision to halt a murder case because of excessive delay, even though the accused man was long ago deported from Canada.

The ruling today is the high court's latest pronouncement on the pressing issue of timely justice.

In 2017, a Quebec Superior Court judge ruled Sivaloganathan Thanabalasingham should not face trial for the alleged killing of his wife due to the nearly 60-month delay between his 2012 arrest and the start of proceedings.

In its landmark Jordan decision, the Supreme Court set a 30-month limit between the laying of charges and the conclusion of a trial for superior court cases.

Thanabalasingham was deported to his native Sri Lanka following his release, but arguments about halting the case continued to play out in the Canadian courts.

Last October the Quebec Court of Appeal said the Crown had not proven any errors in the trial judge's decision to stay the murder charge.

This report by The Canadian Press was first published July 17, 2020.

The Canadian Press"

 

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2.5 years between charges and conclusion of trial, that will put al ot of pressure on the system of law and order to adhere to.

I agree with the decision, but don't look forward to the increase in tax burden, as the system ramps up to be able to meet the deadline.

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2 hours ago, gurn said:

https://www.msn.com/en-ca/news/other/delay-in-murder-case-was-excessive-under-timely-justice-rules-supreme-court/ar-BB16RCnQ?ocid=msedgdhp

 

"

OTTAWA — The Supreme Court of Canada has upheld a judge's decision to halt a murder case because of excessive delay, even though the accused man was long ago deported from Canada.

The ruling today is the high court's latest pronouncement on the pressing issue of timely justice.

In 2017, a Quebec Superior Court judge ruled Sivaloganathan Thanabalasingham should not face trial for the alleged killing of his wife due to the nearly 60-month delay between his 2012 arrest and the start of proceedings.

In its landmark Jordan decision, the Supreme Court set a 30-month limit between the laying of charges and the conclusion of a trial for superior court cases.

Thanabalasingham was deported to his native Sri Lanka following his release, but arguments about halting the case continued to play out in the Canadian courts.

Last October the Quebec Court of Appeal said the Crown had not proven any errors in the trial judge's decision to stay the murder charge.

This report by The Canadian Press was first published July 17, 2020.

The Canadian Press"

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2.5 years between charges and conclusion of trial, that will put al ot of pressure on the system of law and order to adhere to.

I agree with the decision, but don't look forward to the increase in tax burden, as the system ramps up to be able to meet the deadline.

 Try saying that name fast Sivaloganathan Thanabalasingham.

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7 hours ago, gurn said:

https://www.msn.com/en-ca/news/other/delay-in-murder-case-was-excessive-under-timely-justice-rules-supreme-court/ar-BB16RCnQ?ocid=msedgdhp

 

"

OTTAWA — The Supreme Court of Canada has upheld a judge's decision to halt a murder case because of excessive delay, even though the accused man was long ago deported from Canada.

The ruling today is the high court's latest pronouncement on the pressing issue of timely justice.

In 2017, a Quebec Superior Court judge ruled Sivaloganathan Thanabalasingham should not face trial for the alleged killing of his wife due to the nearly 60-month delay between his 2012 arrest and the start of proceedings.

In its landmark Jordan decision, the Supreme Court set a 30-month limit between the laying of charges and the conclusion of a trial for superior court cases.

Thanabalasingham was deported to his native Sri Lanka following his release, but arguments about halting the case continued to play out in the Canadian courts.

Last October the Quebec Court of Appeal said the Crown had not proven any errors in the trial judge's decision to stay the murder charge.

This report by The Canadian Press was first published July 17, 2020.

The Canadian Press"

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2.5 years between charges and conclusion of trial, that will put al ot of pressure on the system of law and order to adhere to.

I agree with the decision, but don't look forward to the increase in tax burden, as the system ramps up to be able to meet the deadline.

The biggest problem facing the legal system is the lack of available Judges. For example, in 2019, 10% of the British Columbia Bench was vacant with nine unfilled spots. That is nine Judges that otherwise would be hearing matters that get pushed back years instead. This number has been growing each year as well as the Courts are generally underfunded. Another significant problem is the underfunding of legal aid and other similar services which significantly delay matters as lay-litigants try to find representation. While legal-aid did recently receive an increase in funding, it is still well below market rates. 

It will be interesting to see what the Courts do with these changes, although my pessimistic side believes that things are going to get worse before they get better.

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