A recent traffic violation from Ontario has been dismissed based purely on the Charter Rights of the accused.

An Ontario driver was photographed running a red light and was fined accordingly. The driver pled not guilty within the required timeframe and was waiting for their day in court. Precisely 22 months and 23 days later they were granted this opportunity.

Ontario Justice of the Peace Milena dismissed the case, pointing out that this is a red light camera charge, not a complex case with witnesses to vet…nothing that reasonably warrants the extended delay.

Section 11.b of the Charter of Rights and Freedoms states, “Any person charged with an offence has the right to be tried within a reasonable amount of time.” The definition of what constitutes ‘reasonable time’ had been previously determined by the Supreme Court to be 18 months, unless the defendant themselves cause delay or, in some situations, the case is suitably complex and requires additional time.

Justice Milena cited a previous ruling from the Supreme Court in 2016 which saw Barrett Jordan’s drug trafficking charges dismissed after waiting 3 years for his trial to commence.

The Justice in the 2016 case stated that “achieving justice in a timely manner is one of the hallmarks of a free and democratic society”; a consideration that takes on “special significance” in the context of criminal law. “The Canadian public expects their criminal justice system to bring accused persons to trial expeditiously”.

We couldn’t agree more.

Our Charter was created to support the citizens of Canada, providing broad  protections for rights of speech, religion, equality and mobility, and setting reasonable expectations for the laws and actions of our government, with respect to fair and expeditious treatment of all Canadians.

We are pleased to see our courts acknowledging and respecting these fundamental rights.

However, our Charter is multifaceted yet we continue to see our courts selectively choosing to support some aspects and not others. Why has it become difficult, under current leadership, for our courts to acknowledge and respect all fundamental rights and freedoms?

To read the Epoch Times article written by Matthew Horwood, click here