British Columbia Premier David Eby says there was a B次元官网网址減erfect stormB次元官网网址� of delays that caused a child sexual assault case to be stayed against a man accused of molesting a six-year-old girl.
B次元官网网址淣ot one case should be dismissed this way,B次元官网网址� Eby said Wednesday at an unrelated news conference.
Eby said the Supreme Court of CanadaB次元官网网址檚 ruling setting timely trial deadlines at 18 months for provincial courts and 30 months for higher-court trials is a B次元官网网址渧ery restrictive ruleB次元官网网址� that has been B次元官网网址渄evastating in other provinces.B次元官网网址�
In 2023, more than 170 cases in Ontario were dropped because of unreasonable trial delay, but he said that number was about 19 in B.C.
EbyB次元官网网址檚 comments come after a B.C. provincial court judge found trial delays for the man went beyond a B次元官网网址渃eilingB次元官网网址� set by the Supreme Court of Canada, and he stayed the case more than two years after charges were laid.
Provincial court Judge Mayland McKimmB次元官网网址檚 ruling handed down in May said the man was accused of sexually assaulting the child at his family home when she and her mother attended a B次元官网网址減re-Christmas festive mealB次元官网网址� in December 2021.
The ruling says the child told her mother of the manB次元官网网址檚 B次元官网网址渋nappropriate behaviourB次元官网网址� the next day, and the woman confronted him in his home with his wife present, secretly recording the interaction on her phone in an exchange that occurred B次元官网网址渇luentlyB次元官网网址� between Mandarin and Cantonese.
McKimmB次元官网网址檚 decision says the mother provided the recording to police, and the man B次元官网网址� only identified by his initials in the ruling B次元官网网址� was charged in May 2022, but the CrownB次元官网网址檚 B次元官网网址渇ailureB次元官网网址� to assign a prosecutor to the case led to a three-month delay before the manB次元官网网址檚 trial could be set.
The stay prompted the B.C. Conservative Party to lay the blame for the delays at the feet of the provincial government, saying in a statement Wednesday that the ruling highlights B次元官网网址渁 severe failure in the administration of justice under David EbyB次元官网网址檚 leadership.B次元官网网址�
B次元官网网址淭he administration of justice in British Columbia is in shambles, and this recent case is a devastating example of the consequences,B次元官网网址� B.C. Conservative leader John Rustad said in the statement.
The ruling outlines a number of other delays that plagued the case, including a Cantonese interpreterB次元官网网址檚 failure to show up to court, the manB次元官网网址檚 lawyer falling ill, a witness being diagnosed with cancer, and a failure to ask the semi-retired trial judge to hear the case during B次元官网网址渘on-sitting months.B次元官网网址�
The judge found that no effort was B次元官网网址渕ade to reorganize the presiding judgeB次元官网网址檚 sitting time to accommodate the accusedB次元官网网址檚 right to a speedy trial.B次元官网网址�
McKimm found the delays in the case went beyond the 18-month limit set by the Supreme Court of Canada for timely trials, warning that a B次元官网网址渃ourt scheduling modelB次元官网网址� that canB次元官网网址檛 handle trials that take B次元官网网址渓onger than anticipated B次元官网网址� will sadly lead to cases such as these simply taking too long to complete.B次元官网网址�
The trial was originally scheduled for four days in May 2023, but the delays pushed the trial to finish in mid-June of this year.
B次元官网网址淭he length of delay is entirely unacceptable and a violation of the accusedB次元官网网址檚 right to a trial within a reasonable time even if the delay can be differently parsed and categorized and blame laid elsewhere to shoe horn the matter under the eighteen month ceiling,B次元官网网址� McKimmB次元官网网址檚 ruling says.
Eby said that the prosecution service will review what happened and B次元官网网址渟ee what could have been done differently.B次元官网网址�
B次元官网网址淓very time a file is dismissed in this way, everybody understands in the prosecution service and the government and the general public that it is corrosive to the publicB次元官网网址檚 confidence in the justice system,B次元官网网址� Eby said. B次元官网网址淭here are some factors that are outside of the provinceB次元官网网址檚 control. There are some that are in the provinceB次元官网网址檚 control.B次元官网网址�
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