British Columbia Premier David Eby says there was a 害羞草研究所減erfect storm害羞草研究所� of delays that caused a child sexual assault case to be stayed against a man accused of molesting a six-year-old girl.
害羞草研究所淣ot one case should be dismissed this way,害羞草研究所� Eby said Wednesday at an unrelated news conference.
Eby said the Supreme Court of Canada害羞草研究所檚 ruling setting timely trial deadlines at 18 months for provincial courts and 30 months for higher-court trials is a 害羞草研究所渧ery restrictive rule害羞草研究所� that has been 害羞草研究所渄evastating in other provinces.害羞草研究所�
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.
Eby害羞草研究所檚 comments come after a B.C. provincial court judge found trial delays for the man went beyond a 害羞草研究所渃eiling害羞草研究所� set by the Supreme Court of Canada, and he stayed the case more than two years after charges were laid.
Provincial court Judge Mayland McKimm害羞草研究所檚 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 害羞草研究所減re-Christmas festive meal害羞草研究所� in December 2021.
The ruling says the child told her mother of the man害羞草研究所檚 害羞草研究所渋nappropriate behaviour害羞草研究所� 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 害羞草研究所渇luently害羞草研究所� between Mandarin and Cantonese.
McKimm害羞草研究所檚 decision says the mother provided the recording to police, and the man 害羞草研究所� only identified by his initials in the ruling 害羞草研究所� was charged in May 2022, but the Crown害羞草研究所檚 害羞草研究所渇ailure害羞草研究所� to assign a prosecutor to the case led to a three-month delay before the man害羞草研究所檚 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 害羞草研究所渁 severe failure in the administration of justice under David Eby害羞草研究所檚 leadership.害羞草研究所�
害羞草研究所淭he administration of justice in British Columbia is in shambles, and this recent case is a devastating example of the consequences,害羞草研究所� 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 interpreter害羞草研究所檚 failure to show up to court, the man害羞草研究所檚 lawyer falling ill, a witness being diagnosed with cancer, and a failure to ask the semi-retired trial judge to hear the case during 害羞草研究所渘on-sitting months.害羞草研究所�
The judge found that no effort was 害羞草研究所渕ade to reorganize the presiding judge害羞草研究所檚 sitting time to accommodate the accused害羞草研究所檚 right to a speedy trial.害羞草研究所�
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 害羞草研究所渃ourt scheduling model害羞草研究所� that can害羞草研究所檛 handle trials that take 害羞草研究所渓onger than anticipated 害羞草研究所� will sadly lead to cases such as these simply taking too long to complete.害羞草研究所�
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.
害羞草研究所淭he length of delay is entirely unacceptable and a violation of the accused害羞草研究所檚 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,害羞草研究所� McKimm害羞草研究所檚 ruling says.
Eby said that the prosecution service will review what happened and 害羞草研究所渟ee what could have been done differently.害羞草研究所�
害羞草研究所淓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 public害羞草研究所檚 confidence in the justice system,害羞草研究所� Eby said. 害羞草研究所淭here are some factors that are outside of the province害羞草研究所檚 control. There are some that are in the province害羞草研究所檚 control.害羞草研究所�
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