Delayed Criminal Case
What Happens If Your Criminal Case Delays?
Sometimes, if a criminal case takes too long to get to trial, and it is not the fault of the accused, the court will say “enough is enough” and dismiss the charge. This is because the Canadian Charter of Rights and Freedoms guarantees the right to a trial without delay. This is a matter of fundamental fairness to the accused. Previously, when faced with the decision of whether to dismiss a criminal case or not because of delay, a court would engage in a detailed examination of the timeframe starting from when the accused was charged and ending with the trial date. Frequently, this examination would lead to unpredictable and varying results.
On July 8, 2016, the Supreme Court of Canada revisited the law surrounding delay and criminal cases and attempted to replace the unpredictability of the old process with a new straightforward approach. In the case of R. v. Jordan 2016 SCC 27, the court set the following guidelines:
1. The presumptive ceiling for getting to trial is 18 months for cases tried in the provincial court
2. The presumptive ceiling for getting to trial is 30 months for cases in the superior court
3. Delay attributable to or waived by the defence does not count towards the presumptive ceiling
4. Once the presumptive ceiling is exceeded, the burden is on the prosecution to show why the charge should not be dismissed
5. If the prosecution cannot do so, a stay will follow
This new approach will greatly clarify and provide predictability to future cases. Although all cases are unique, and reasons for delay will always vary, the Supreme Court has provided clear guidance and established a new test that is now the law in Canada.
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Disputing Traffic Tickets
Should I Dispute My Traffic Ticket?
When people receive a traffic violation ticket under the Motor Vehicle Act (i.e. for speeding or being on their phone), they often assume that their best course of action is to pay the ticket and move on. This is not your only option. Drivers should strongly consider disputing their tickets for a number of reasons, especially with the newly increased penalties for “distracted driving”.
Reasons to Dispute Your Ticket:
- Once you dispute your ticket you do not have to prove you are innocent; the police officer has to prove you are guilty
- Fines and penalty points have recently increased dramatically for distracted driving tickets - on your first infraction you could end up paying $543.00
- Paying a ticket means you have admitted you are guilty of the offence.
- A violation will be added to your driving record and may impact your ability to get certain jobs in the future or even be granted a pardon
- Some tickets will result in penalty points which may increase your car insurance costs
- If you receive too many penalty points, you could have your license suspended
The process for disputing a ticket is simple, and once a ticket is disputed the police have to prove beyond a reasonable doubt at a hearing that you are guilty of the offence. Having an experienced trial lawyer who knows the law surrounding motor vehicle offences can give you a significant advantage over the police officer who will be on the other side. A lawyer can also negotiate with the police on your behalf to try to get the ticket reduced or withdrawn before a hearing, even if you do not have a strong case.
If you have received a traffic ticket, you should contact a lawyer within 30 days to file a dispute on your behalf. The experienced lawyers at Jabour Sudeyko Lucky would be happy to meet with you to discuss your case.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575