Any time a child dies is a tragedy. There is simply no getting around that. A woman in Mississauga has been charged in connection with the death of a child at a daycare she ran. The Crown has decided to proceed by laying charges of second degree murder. On Friday morning, the woman was released on bail pending her trial.
A reading of the comments on the CBC article made it clear to me that the public is not pleased with the decision of Judge Durno in this matter. Their outrage is understandable, given the seriousness of the crime the accused is alleged to have committed. However, there exists a body of law in this country relating to the release of accused persons while they await trials.
As an experienced criminal lawyer in Vancouver, I know just how long it can take to get a trial date. In my experience, it takes at least a year from the date of the arraignment to get a trial date, though it is frequently longer. The arraignment is not typically the first court appearance, so the trial date is typically not set until well after the date of the alleged offence. Some of the complications that can cause these delays include a shortage of judges, a shortage of prosecutors, and difficulty scheduling police witnesses.