A Canadian judge has made a significant ruling regarding the charter right to a timely trial in traffic court. The case involved a man charged with running a red light, but prosecutors took too long to bring the case to trial, resulting in its dismissal.
In a decision dated July 16, Justice of the Peace Milena Commisso stated, “This is a red light camera charge before the Court. It is not a complex matter.”
The incident occurred on June 8, 2022, in Oakville, Ont., where a driver was caught on camera running a red light. The driver pleaded not guilty, and prosecutors scheduled the trial for May 23, 2024.
Justice Commisso ruled that the delay of over 23 months violated section 11.b. of the Charter of Rights, which guarantees the right to a trial within a reasonable time frame.
Justice Commisso emphasized that the defendant did not contribute to any delays and had fulfilled the necessary requirements. Therefore, the 22-month and 23-day delay exceeded the acceptable limit.
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Justice Commisso noted that the availability of witnesses was not a determining factor in setting the trial date, as no witnesses needed to be vetted for a traffic violation.
“Therefore, this court deems the entire delay to be systemic and/or institutional, attributable to the Respondent, and ultimately deemed unreasonable,” she explained.
Referring to a previous Supreme Court case involving a similar issue, Justice Commisso highlighted the importance of timely justice in a free and democratic society, especially in criminal law.
