Chronic delays within Canada's justice system are leading to a disturbing trend: serious criminal charges, including those for murder and sexual assault, are being dismissed, allowing the accused to walk free. This leaves victims feeling abandoned and unsafe, caught in a system where procedural failures can override the pursuit of justice.
The Stark Numbers Behind the Crisis
According to data from Statistics Canada, an alarming 10,000 cases are thrown out of court every year due to systemic delays. The situation is deteriorating rapidly, with about 55% of adult criminal court cases in the 2023-24 period being stayed or withdrawn. This marks a significant 13% increase compared to a decade ago. Despite the severity of the problem, federal and provincial governments often engage in finger-pointing rather than implementing concrete solutions.
The Jordan Ruling: A Double-Edged Sword
At the heart of this issue is the Supreme Court of Canada's 2016 Jordan ruling, which established strict time limits for bringing cases to trial. The court mandated that an accused person has the right to be tried within 18 months in provincial court or 30 months in superior court. While designed to protect the rights of the accused, this framework has had unintended consequences, creating what criminal lawyer Mark Ertel describes as a "new normal" where meeting these ceilings, rather than delivering justice, has become the de facto goal.
Ertel, in an interview with the Ottawa Citizen, stated the situation is reaching a crisis point. He argues that criminal cases have grown increasingly complex due to amendments to the Criminal Code made by politicians "who had never been to court," further straining an overburdened system.
Victims Pay the Price
The human cost of these systemic failures is profound and devastating. In 2021, Cait Alexander alleged she was brutally assaulted and nearly killed by her then-partner. After his arrest, he was quickly released on bail and allegedly continued to harass her. Ultimately, he was never convicted because his right to a speedy trial was violated under the Jordan ruling. Alexander, whose sense of security was shattered, now lives in California.
In another shocking instance last week, two men saw first-degree murder charges against them dismissed in Ottawa due to trial delays. The pair was alleged to have gunned down three brothers in a brazen daytime shooting linked to a drug deal. Two of the victims died. One of the accused had previously faced murder charges in 2015, which were also withdrawn due to issues with that case.
These examples underscore a grim reality: when the system fails, victims are left without recourse, and public safety is compromised.
Experts and observers are calling for urgent action. They stress that one of the primary roles of government is to ensure the safety and security of its citizens. This requires the federal and provincial governments to cease their blame game, cut through bureaucratic red tape, and significantly increase funding and resources for the court system. Without such decisive steps, more people like Cait Alexander will be forced to live in fear, and public trust in the administration of justice will continue to erode.
