Last year, 46 cases were overturned in the province’s courts due to lengthy procedures, according to data obtained by CBC through an access to information request.
These judgments took place from July 9th to December 31 st 2016, ie during the five months following the Jordan judgment, a decision of the Supreme Court imposing new time limits to complete judicial proceedings.
Proceedings that are not completed in 18 months in provincial court or 30 months in Superior Court are now considered “presumed unreasonable,” according to the judgment.
A stay of proceedings must then take place unless the Crown proves that delays were caused by unavoidable and unforeseeable circumstances.
Data from the Ontario Ministry of the Attorney General includes court decisions in provincial and federal courts. On average, since the Jordan decision, almost 10 cases per month have been canceled in the province due to unreasonable delays.
In total, the figures also show that 240 requests for arrest for unreasonable delays have been met in the province since Jordan. Nearly one in five applications was granted.
The Department explained that the figures are based on estimates based on Crown internal reports.