Superior Court Judge Claude Villeneuve will therefore have to look into this question.
“The Jordan decision is a judgment of the Supreme Court rendered in 2016 which wanted to set the bar in the delays described as complacency where cases were postponed for a very long time, explains the prosecutor for criminal and penal prosecutions, Me Stéphanie Landry. The right of an accused to have a trial within a reasonable time is enshrined in the Charter [des droits et libertés de la personne]. The delays caused harm to the entire justice system, including victims who had to wait for years before knowing what would happen to their attacker.”
“These deadlines cannot be exceeded, except with explanations,” she continues. In the case of first degree murder, we are automatically before the Superior Court and a preliminary investigation has been held. The deadline is therefore 30 months. If the deadline exceeds, it is up to the prosecution to demonstrate that the deadline, even if it is exceeded, respects the requirements of the charter.
In Lassonde’s case, the charges against him were laid on August 1, 2021. To calculate the date of the Jordan decision, it is necessary to calculate the number of months elapsed between the date of accusation and the end date of the trial. The “express waivers” made by the defense, which assumes certain delays, are then removed.
Moreover, all the facts of the case as well as the arguments put forward by the parties during the hearing on the Jordan type motion are subject to publication bans.
Remember, however, that Lana Dubois, another accused in this case, had pleaded guilty to one count of manslaughter almost on the same date last year.
Swiss
