There’s been another delay in that horrific child abuse trial involving a suspended RCMP officer and his wife. She was to be sentenced today but that didn't happen, raising concerns with the judge who says he's “under the gun” to get the job done. The judge in this case isn't the only one expressing concerns about delays in court cases after a murder trial was thrown out of court in Ottawa last month. It's got those called to the bar on edge and those behind bars wondering how this can work for them.
It has been labelled one of the most horrific cases of child abuse Ottawa police have ever seen. A young boy forcibly confined in his basement, sexually assaulted, beaten, even burned. Yet more than 3 years later, the father and stepmother charged and now in the case still have not been sentenced.
Today, the 38-year-old woman to find out her fate but that's been pushed to December 20th. And the 45-year-old suspended Mountie will now have another psychiatric assessment; another delay.
“Im worried about timelines,” Justice Robert Maranger told court today, “We are under the gun now about getting matters heard in a timely manner.”
Then he added, “I'm not sure whether “Jordan” applies to sentencing.”
Justice Maranger was referring a Supreme Court ruling called R. vs. Jordan that set deadlines for trials of those accused.
At least two murder cases have already been thrown out of court including one in Ottawa involving 33-year-old Adam Picard, charged with killing 28-year-old Fouad Nayel in 2012.
The victim's family has been calling for justice since, even protesting out front of the Ottawa courthouse over the Jordan decision.
“They should fix this problem right now,” Nicole Nayel said today at her Barrhaven home, a photo of Fouad by her side.
“I'm Canadian-born and I’m proud,” added Amine Nayel, Fouad’s father, “but we are third world as far as this legal process is concerned.”
The couple in this child abuse case was arrested in February of 2013. It has now been 45 months since the time they were charged to now. In Jordan's case, the total delay was 49 and a half months.
“There's no doubt more cases will be thrown out as a result of the Jordan decision,” Criminal Defence lawyer Mark Ertel said outside court today.
“There’s a new attitude in court now and a lot more cases in danger,” he added, “What the long term impact is right now, that's hard to say but right now. A lot of people feel they're under the gun to get cases done, which is good.”
The Ontario government recently announced plans to hire more judges, Crown attorneys and court staff to deal with a backlog that is an underlying issue causing many of the court delays. A Senate committee has asked the Supreme Court for clarification on its ruling. In the meantime, those currently incarcerated are becoming very familiar with what "Jordan" means.
“They're all familiar with it,” says Criminal lawyer Ronald Guertin, “Every guy at the jail is phoning me up and saying what about Jordan. It has gone through the entire system, everybody is talking about it and people who have been found guilty and subject to sentence are saying “what about Jordan? Maybe I can get my charges stayed at the sentencing stage.”
Guertin adds that the Jordan ruling isn't automatic; every case will be taken on its own merit. But Justice Maranger has made it clear: he is anxious to get this case through the courts.
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