Crown took too long to bring the case to trial
123RF - 123RF Stock PhotoSYDNEY — The prosecution of a Sydney woman on charges including impaired driving has ended after a judge ruled the .
In July 2016, the Supreme Court of Canada issued a ruling that established rules to ensure trials are heard within a reasonable time frame. The Jordan decision stated that most trials should be completed within 18 to 30 months after an individual is charged, depending on the type of trial.“A net delay of 40 months is well over the Jordan ceiling and results in a presumption that the delay is unreasonable.
The defence did note a concern with the disclosure in that a compact disc was unable to be read. The disc was replaced with a new one in January 2019.The scheduled preliminary hearing in August was adjourned to September, at the request of the Crown, in order to ensure all disclosure was made. With the trial set to proceed in February, the Crown requested an adjournment citing disclosure issues and new dates were set for November-December 2020.
On Nov. 24, 2020, both the Crown and defence appear before Gogan for a status update on the trial. The defence was still awaiting further disclosures and the Crown said it was considering filing a direct indictment in the case while adding additional charges. Such an indictment would send the case directly to trial.Nine days before the trial was scheduled to begin, the Crown filed a direct indictment and as Gogan noted in her decision, some 27 months after Burkhardt was charged.
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