Whenever individuals in Ontario face criminal charges, they have certain rights under Canada's Charter of Rights and Freedoms. A man who was accused of sex crimes back in the summer of 2015 had the charges dropped by a judge because of unjustifiable sluggishness in prosecuting the accusations. The judge ruled the office of the Crown Attorney failed to ensure the trial within a period that was reasonable.
The judge noted that every citizen who is facing criminal charges has a constitutional right that the government disrespected. Reportedly, with the filing of the original charges, the defendant was a minor, and he would have appeared in youth court. Furthermore, his identity would have been protected along with the identity of the complainant and any witnesses. His trial date was apparently only set after he made 14 appearances in court.
More the 621 days had elapsed since the day the defendant was charged. The judge ruled that this 21-month period was an unduly long delay that resulted from limited institutional resources. The Supreme Court of Canada set a presumptive ceiling for provincial court cases at 18 months, and the judge found that timeframe applicable to this case. The delay was found to be unjustifiable.
Ontario residents who are facing charges for sex crimes or other criminal allegations may find that a skilled lawyer may be able to prevent unnecessary delays. An experienced attorney can protect the accused individual's rights throughout the proceedings. The fact that a person is charged does not mean he or she is guilty, and if the Crown does not prove guilt within a specified period of time, the case might be dismissed.
Source: orangeville.com, "Judge drops sex crime case, rules Crown breached defendant's Charter rights", Chris Halliday, Jan. 27, 2017
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