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By LegalMatters Staff • Charges were recently stayed against a member of the Canadian military who was accused of sexually assaulting a female corporal. The court ruled that the man’s right to a timely trial had been violated, as set out in the Jordan decision.
That 2016 Supreme Court of Canada (SCC) ruling states that criminal trials must be completed within 18 months in provincial courts and 30 months in superior courts.
The man was first charged under the National Defence Act and his court-martial was set for February 2022. However, the government accepted an interim recommendation from retired SCC Justice Louise Arbour who suggested that all cases of sexual offences alleged to have been perpetrated by military members should be transferred to the civilian court.
Ottawa criminal lawyer Céline Dostaler represented the man when the case was moved to the non-military court, where the earliest court dates were July or August of 2023.
“That meant my client would be facing charges for at least 29 months before the case would be resolved,” she says. “Jordan sets the limit at 18.”
While Dostaler says the judge made the correct ruling in staying the charge, “it was not the decision anyone wanted.”
“In any criminal matter, the defence wants to have a trial within a reasonable amount of time to present arguments to show why there should be an acquittal. We want cases settled on the evidence, not procedural rules,” she says. “But at the same time, it is not fair to require someone to wait years to have their day in court. Their life is on hold while they’re waiting for their matter to be resolved.”
Dostaler adds that “a sad comedy of errors led to the decision to stay the trial.”
