When police turned up at Melanie HattonB次元官网网址檚 home in Kelowna, B.C., in November 2021, she says they found her in the bathroom covered in blood, with her then-husband Jeffrey Maclean standing over her B次元官网网址渋n an aggressive manner.B次元官网网址�
She describes a gruesome scene in a court filing, with blood from her head wound allegedly smeared on MacleanB次元官网网址檚 mouth from his whispering in her ear. The filing in a civil lawsuit against Maclean says he told a 911 operator his wife was B次元官网网址渂leeding like a pig.B次元官网网址�
Hatton said police and prosecutors told her that the criminal case against Maclean in B.C. Supreme Court would be a B次元官网网址渟lam dunk,B次元官网网址� and he was charged with assault causing bodily harm and resisting arrest.
But the case was thrown out in August 2023 B次元官网网址� not for a lack of evidence, but because the Crown took too long to bring it to trial under a set of strict timelines that have reshaped the way criminal cases are handled since a landmark 2016 ruling by the Supreme Court of Canada.
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Supporters say the so-called Jordan ruling has sped up proceedings and strengthened Charter rights for prompt justice.
But the legacy of Jordan is mixed, and some victims say the time limits work in criminalsB次元官网网址� favour. Eight years into the rules, cases continue to collapse because the time limits are breached, although these represent a small fraction of all cases.
A review of statistics provided by provinces and territories shows that since the beginning of last year, more than 400 criminal cases countrywide have been dismissed, stayed or withdrawn as a result of Jordan challenges.
Among the defendants were some accused of sexual assault, child exploitation, fraud and drug trafficking; murder cases have also been thrown out in previous years.
The case against Maclean was among those dropped.
Hatton said she was thrown into B次元官网网址渁n absolute pit of despair and shameB次元官网网址� after the case was thrown out.
Prosecutors blamed factors including COVID-19 and the availability of MacleanB次元官网网址檚 lawyer for the delays and the failure of the case.
Hatton thought otherwise, and sent a one-line email to the Crown prosecutor.
B次元官网网址淚 said B次元官网网址榯his is on you,B次元官网网址橞次元官网网址� said Hatton, who now lives in Ontario with the coupleB次元官网网址檚 two children.
None of the allegations in HattonB次元官网网址檚 civil suit against Maclean have been proven or tested in court, and in his response, Maclean B次元官网网址渄enies each and every allegation.B次元官网网址�
A B次元官网网址楻EVOLUTIONARYB次元官网网址� RULING
The Jordan ruling imposed B次元官网网址渁 presumptive ceilingB次元官网网址� of 18 months between charge and the actual or anticipated end of a trial in provincial court, and 30 months in superior courts.
Barring B次元官网网址渆xceptional circumstances,B次元官网网址� exceeding those limits was deemed by the countryB次元官网网址檚 top court to breach the Canadian Charter, which requires that criminal defendants B次元官网网址渂e tried within a reasonable time.B次元官网网址�
Exactly how long B次元官网网址渞easonableB次元官网网址� meant was unclear until the high courtB次元官网网址檚 ruling in R. V. Jordan.
The case would upend criminal law practice countrywide, but B.C. lawyer Tony Paisana, who was involved in the trial, didnB次元官网网址檛 know just how significant it would be at the time.
B次元官网网址淟ooking back, itB次元官网网址檚 certainly difficult to say that we, any of us, really expected this to come out the way that it did and how revolutionary it was going to be,B次元官网网址� he said in an interview.
The case started modestly enough in December 2008 with the arrest of an alleged drug dealer named Barrett Jordan in Langley, B.C., along with a number of others who police accused of running a B次元官网网址渄ial-a-dopeB次元官网网址� operation.
It took more than four years from Jordan being charged to the end of his original trial.
He unsuccessfully argued that his Charter rights to a timely trial had been breached in both the B.C. Supreme Court and Court of Appeal before it ended up in the Supreme Court of Canada.
Paisana and colleagues Eric Gottardi and Richard Peck argued that the right to a timely trial went back hundreds of years, quoting the 1215 Magna Carta in their submissions.
Paisana said the high courtB次元官网网址檚 decision in Jordan B次元官网网址渃ompletely achieved its intended objective, which was to speed up criminal trials.B次元官网网址�
B次元官网网址淎nd to have various judicial participants, that being the judge, the Crown, the defence, the accused, everyone start paying attention to the timeliness of trials,B次元官网网址� he said.
B次元官网网址淚t was a chronic problem that existed in our system and Jordan was what we call in the law a B次元官网网址榗larion callB次元官网网址� to change the culture that surrounded criminal trials.B次元官网网址�
He said cases were stayed for unreasonable delays before this case, but Jordan established new thresholds.
B次元官网网址淭hereB次元官网网址檚 just a greater confidence in the justice system when things are resolved more quickly,B次元官网网址� he said. B次元官网网址淚 think itB次元官网网址檚 a net positive effect that the judgmentB次元官网网址檚 had. ItB次元官网网址檚 not without its controversy, but nothing that we do is without its controversy, frankly.B次元官网网址�
The debate over Jordan was reignited in B.C. this summer, after a case was dismissed against a man accused of molesting a six-year-old.
Premier David Eby said at the time it was due to a B次元官网网址減erfect stormB次元官网网址� of delays, and that B次元官网网址渘ot one case should be dismissed this way.B次元官网网址�
The Jordan deadlines, he said, had been B次元官网网址渧ery restrictiveB次元官网网址� and B次元官网网址渄evastating in other provinces.B次元官网网址�
Among at least 409 Jordan challenges that ended cases across Canada since the start of last year were 26 in B.C., involving allegations ranging from fraud, to theft, drug and weapons offences, and sexual assault.
B次元官网网址淓very case that is judicially stayed due to delay is a concern. Victims and the public expect to see cases determined on their merits and not dismissed because of unreasonable delay,B次元官网网址� the B.C. Ministry of Attorney General said in a statement.
B次元官网网址淲e have taken this issue seriously and invested in transforming processes and increasing resources to prevent judicial stays,B次元官网网址� the statement said.
In MacleanB次元官网网址檚 case, the B.C. Supreme Court found in August 2023 that his trial had been set B次元官网网址渨ell beyond the Jordan limits,B次元官网网址� through no fault of the defence, nor any delay caused by COVID-19 interruptions of court operations.
B次元官网网址淚f the Crown had not failed in its disclosure obligations,B次元官网网址� the judge wrote, B次元官网网址渢he matter would have likely concluded within the Jordan limits.B次元官网网址�
B次元官网网址楢 HUGE NEGATIVE IMPACTB次元官网网址�
Stacey Purser, a criminal defence lawyer in Edmonton, said Jordan had not resulted in the B次元官网网址渃ulture of urgency that I think the Supreme Court was trying to create.B次元官网网址�
B次元官网网址淯nfortunately, I donB次元官网网址檛 think that much really has changed since Jordan other than to say that, you know, once you get past those presumptive deadlines, people seem to be in quite a panic to get things done,B次元官网网址� she said.
Vancouver defence lawyer Kyla Lee, who specializes in impaired driving cases, said Jordan has had a B次元官网网址渉uge negative impact on not just my practice, but the practice of law generally for criminal lawyers.B次元官网网址�
B次元官网网址淭he problem is that now every time you go to court, no matter what the purpose of the appearance is, there is always a discussion about Jordan,B次元官网网址� she said. B次元官网网址淚t comes up at every single appearance and itB次元官网网址檚 gotten to the point where the ceilings in Jordan are effectively being weaponized against accused individuals.B次元官网网址�
With a busy schedule, finding court dates that work for both her and prosecutors is challenging, and the inability to agree results in arguments over whoB次元官网网址檚 to blame. Judges have to conduct B次元官网网址渕icroscopic analysisB次元官网网址� to determine the length and cause of trial delays, Lee said.
B次元官网网址淚t has made everything far more complex, far more contentious, and itB次元官网网址檚 really done a disservice to the timely administration of justice because more court time is being taken up simply to address these issues,B次元官网网址� she said.
Former Toronto resident Cait Alexander, a Canadian model and actress now living in Los Angeles, founded the group End Violence Everywhere after an abusive relationship nearly ended her life, alleging her ex-partner brutally beat her with a wooden rolling pin in July 2021.
Multiple charges were stayed due to delays, and Alexander said she felt B次元官网网址渄isgustingB次元官网网址� after having received assurances from prosecutors that the case would go ahead.
She said the only consequence against her ex-boyfriend B次元官网网址� who was originally charged with assault causing bodily harm, uttering threats, obstruction and other offences B次元官网网址� was a peace bond, and she left the country in fear of her safety.
B次元官网网址淭hatB次元官网网址檚 all they could offer me because they didnB次元官网网址檛 have time to prosecute my case,B次元官网网址� she said.
Alexander testified before the House of Commons Standing Committee on the Status of Women this past July, recounting stories of survivors including Hatton, whose experience she called B次元官网网址渉arrowingly similarB次元官网网址� to her own.
In her testimony, Alexander told members of the committee that the B次元官网网址済overnment doesnB次元官网网址檛 careB次元官网网址� about survivors and victims of intimate partner violence.
B次元官网网址淲e, as Canadians, have Charter rights that are essentially a B次元官网网址榞et out of jail freeB次元官网网址� card for criminals, but what about survivorsB次元官网网址� rights? Why are our Charter rights never accounted for?,B次元官网网址� she testified.
Like Hatton, sheB次元官网网址檚 suing her ex-boyfriend because itB次元官网网址檚 B次元官网网址渢he only form of legal justice I have left,B次元官网网址� she told the committee.
Alexander testified to the committee again last week, telling members that Jordan timelines shouldnB次元官网网址檛 apply in cases of sexual assault or intimate partner violence.
B次元官网网址淭here should be no time limit or stay permitted with human-on-human crimes,B次元官网网址� she testified, later tearfully describing the Jordan rules as B次元官网网址渟ickeningB次元官网网址� and B次元官网网址渢errifying.B次元官网网址�
Paisana said it was important to keep in mind the B次元官网网址渂igger pictureB次元官网网址� of Jordan, the importance of timely trials and the rights of accused persons who are presumed innocent until proven guilty.
B次元官网网址淚t benefits society as a whole in a very dramatic way, as opposed to one or two individual cases in a given a year, in a given jurisdiction, that might be stayed as a result of it,B次元官网网址� he said.
For Hatton, the collapse of the case against her ex-husband was devastating, and continues to influence her life. She now has multiple security systems in her new home after fleeing her old life in B.C.
In October 2023, Hatton filed her civil lawsuit against Maclean in B.C. Supreme Court, alleging a B次元官网网址渉istory of abuseB次元官网网址� throughout their relationship, seeking damages for assault, intentional infliction of emotional distress and defamation.
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She said getting a relocation order allowing her to move out of B.C. with her children is a B次元官网网址渟light bit of justice.B次元官网网址�
But she now lives in a state of hyper vigilance.
B次元官网网址淚 sleep with a golf club beside my bed,B次元官网网址� she said.
Darryl Greer, The Canadian Press
