Saturday, January 31, 2015

A case of the slows

The Ontario Superior Court, per Judge Martin James, has granted a stay of proceedings in a case that began as a military justice matter. The reason: unreasonable delay by the Canadian Armed Forces, in violation of s. 11(b) of the Canadian Charter of Rights and Freedoms. The decision is R. v. Ward, 2015 ONSC 83, available here. The Daily Observer has the story. Excerpt:
"In this case it is difficult to escape the conclusion that excessive delay took place as a result of lack of timely action, if not indifference, by governmental forces at different points leading up to the transfer to civilian authorities," James concluded. "Likewise it seems clear that (Ward) has suffered actual prejudice stemming from the delay. It is worth noting as well that inferred prejudice increases as time passes."

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