A Justice of the Peace has ruled that Canadians' Charter right to a speedy trial extends to traffic court, dismissing a charge of red light running against an Oakville driver due to excessive delay.Blacklock's Reporter says Judge Milena Commisso presided over the case involving a red light camera ticket issued on June 8, 2022. The driver, who pled not guilty, was finally brought to trial on May 23, 2024 — nearly 23 months later.“This is a red light camera charge before the Court,” wrote Judge Commisso. “It is not a complex matter.”The lengthy delay prompted Commisso to rule that the driver’s Charter rights under section 11.b, which guarantees the right to be tried within a reasonable time, had been violated. The Supreme Court of Canada has set an 18-month deadline for criminal proceedings, excluding delays caused by the defendant.“I find there has been no action on the part of the applicant to cause any portion of the delay leaving the net delay at 22 months and 23 days,” wrote Judge Commisso. “This clearly falls above the presumptive ceiling.”Prosecutors argued that the deadline should not apply since the traffic charge was not a Criminal Code offence and did not carry the risk of jail time. Commisso rejected this argument, asserting that the Charter's protections are applicable.“None of the delay falls at the feet of the applicant,” stated Commisso. “The net delay in this matter is 22 months and 23 days. This delay exceeds the presumptive ceiling as set out in Jordan by approximately 4 months and 23 days.”The Supreme Court's 2016 ruling in the case of Barrett Jordan, which established the 18-month limit, was referenced in Judge Commisso's decision. Jordan had been charged with drug trafficking, arrested in 2008, and endured a prolonged period before his trial.“Timely justice is one of the hallmarks of a free and democratic society,” the Supreme Court wrote in its decision. “In the criminal law context, it takes on special significance.”The Supreme Court emphasized the detrimental effects of prolonged legal proceedings, stating, “The Canadian public expects their criminal justice system to bring accused persons to trial expeditiously. As the months following a criminal charge become years, everyone suffers. Accused persons remain in a state of uncertainty, often in pre-trial detention. Victims and their families who in many cases have suffered tragic losses cannot move forward with their lives.”
