MONTREAL – The Supreme Court docket of Canada has agreed to hear a case that would possibly well maybe put how the so-known as Jordan ruling applies to cases where a brand contemporary trial is ordered.
The case entails a 73-year-conventional Quebec man who became once acquitted of sexual assault in 2017 — 72 months after he became once first charged.
Prosecutors appealed the decision and a brand contemporary trial became once ordered in 2018. According to a Court docket of Attraction ruling, the accused asked for a care for of proceedings due to an unreasonable prolong in 2019, which became once granted by the trial purchase.
Prosecutors appealed that decision to the Quebec Court docket of Appeals, which dominated that the delays in a necessary and second trial ought to be considered one after the other however that the delays in the first trial had been enough to give an explanation for the care for of proceedings.
The Crown appealed that decision and is now asking the Supreme Court docket to judge how the Jordan ruling applies to performed trials and whether or no longer the accused gave up his potential to invoke his appropriate to a immediate trial by no longer bringing it up precise throughout the preliminary trial or the first charm.
The Jordan rule requires cases in superior court docket be tried interior 30 months, except there are extenuating conditions.
This story by The Canadian Press became once first published Feb. 20, 2021.