Delay in Criminal Trials: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!
Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the delay in criminal trials.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
After Mr. Polanco was charged with assault, he argued that the court should have exercised its discretion to just throw out the case entirely when it became clear on the record that there was no merit to the allegation against him.
Mr. Polanco was unsuccessful and ultimately convicted at trial and he appealed and lost his appeal.
He sought leave to the Court of Appeal arguing that there should be more guidance from the Supreme Court of Canada in the application of Jordan and Cody. There is so much about Jordan and Cody that hasn’t been considered by higher level courts and that effects the day to day running of courtrooms.
The SCC missed the opportunity here to make things a lot easier for trial judges, Crown counsel and defence lawyers in determining whether or not things need to be spoken to on the record of whose fault the delay is, whether the case has any merit and how that affects the calculation of the presumptive ceiling.
Watch the video for more.