Law in Quebec

News about Quebec legal developments


Jordan application

  • Delays in criminal trials cut by nearly half in Quebec

    A 20-year old man from Western Quebec who was accused of assault causing bodily harm while he was a teenager is the latest to have benefitted from a stay of proceedings due to unreasonable delays.

    More recently still, a week after Khalid Gakmakge was refused a stay for a 2011 murder he is accused of committing, a Sri Lankan man charged with killing his wife in Quebec five years ago has been deported after the charge against him was stayed because his constitutional right to a timely trial was delayed.

    Ever since the Supreme Court of Canada’s landmark R. v. Jordan decision a year ago, approximately 1,766 motions to stay because of unreasonable delays have been filed across the country, with 204 having been granted and 333 dismissed, according to figures obtained by Canadian Press. The remainder are either before the courts, forsaken by defence, or resolved on other grounds.

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  • Crown blamed after judge stays murder case

    The last time it happened a Superior Court Justice apologized.

    “I am very sorry that the system has let you down,” said Ontario Superior Court Justice Julianne Parfett last November to the mother of the deceased after she threw out a first-degree murder case against former Canadian Forces soldier Adam Picard because of excessive delays. Picard was charged for the June 2012 killing of Fouad Nayel, a 28-year old construction worker who had been missing for five months. Picard was arrested less than a month after Nayel’s badly decomposed body was found in the woods.

    In a bleak and withering assessment of the criminal justice system, Justice Parfett said that the justice system also failed “this accused and the public,” and placed the blame squarely on the shoulders of Crown prosecutors for the unreasonable delays that hampered the case.

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  • Jordan applications keep on rising

    The numbers seem to be growing by the day. Ever since the Supreme Court of Canada issued its landmark Jordan ruling on July 2016, the pressure on the justice system seems to be growing. Not a day seems to go by without some horror story about some criminal being let off because of the new deadlines set by the nation’s highest court.

    Last July in R. v. Jordan 2016 SCC 27, the SCC criticized the country’s legal system for its “culture of complacency” and the ruling set out new rules for an accused’s right to be tried within a reasonable time frame. The Jordan decision laid down a ceiling of 30 months for matters before Superior Court cases to be completed. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.

    The Quebec criminal justice is struggling to comply with the new rules, implicitly acknowledged the Quebec Minister of Justice Stéphanie Vallée when she announced the new investments last December.

    Now there are hard figures to back up those concerns. The Quebec Director of criminal and penal prosecutions (DPCP) revealed recently that there are 684 Jordan applications as of March 23, 2017, a figure that has tripled in the space of three months. In November 2016, the number of Jordan applications stood at 222. A month later, just before Christmas, they numbered 368.

  • Quebec government boosts spending in criminal justice system

    Under mounting pressure to ease the huge backlog of cases in the criminal court system, the Quebec government recently announced that it will inject $175.2 million over the next four years to recruit new judges, prosecutors and support staff and add new courtrooms to help curb court delays.

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Law in Quebec
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