A curious story showed up on the CBC website yesterday, wherein justice minister David Lametti stated that if it looked like pandemic delays were going to cause criminal trials to essentially “age out” of the court system as a result of the Jordan decision – meaning that once they reach a certain point, they are deemed to be stayed because they took too long and have become unconstitutional – that he would introduce legislation to “clarify” how the Supreme Court’s Jordan decision was to be clarified. It’s curious because it seems to be a bit of a made-up issue – the Jordan decision already stated that the 30-month timeline allowed for exceptional circumstances, and we can all agree that a global pandemic is by definition an exceptional circumstance. This isn’t to say that declaratory legislation isn’t a valid exercise, because it can be – but it just seems wholly unnecessary in this case, when there are other ways that the government could be better dealing with the criminal justice system and juries than worrying about the Jordan timelines.
In any event, here is defence lawyer Michael Spratt with some thoughts on the story:
2. There is little reason to think that impacts directly attributable to COVID will result in charges being tossed (or even in applications being brought). The SCC already has considered exceptional circumstances And COVID is clearly exceptional.
— Michael Spratt (@mspratt) July 15, 2020
4. If Lametti really wants to help, he should reduce burdens on the system by repealing minimum sentence, make legal aid more accessible, and stop the criminalization mental, health, addiction, and poverty….. you know the stuff we have been begging him to do.
— Michael Spratt (@mspratt) July 15, 2020