Montreal municipal workers in 2014 protests could see charges stayed

A trial for 65 Montreal municipal workers charged in relation to a violent protest in 2014 may wind up being thrown out, due to delays in Quebec's court system.

The 54 firefighters and 11 blue-collar workers were criminally charged after protesters, angry about pension reform, stormed Montreal City Hall and trashed council chambers.

• 'Savage' pension protest at Montreal city hall condemned by mayor

Their joint trial is now set for April 2018 – four years after the incident.

Daniel Roc, a lawyer representing the majority of the workers, says the delay is too long, and he wants the charges stayed.

"They're hard workers. They risk their lives and all that," Roc said. "It's been two years since they've been charged."

Roc filed a motion Tuesday to invoke the Jordan decision, a recent Supreme Court ruling which defines the right to be tried within a reasonable time frame.

The Supreme Court justices said provincial court trials should be completed within 18 months of charges being laid, with few exceptions.

Long waits frequent

Long court delays aren't unusual in Quebec, said Eric Sutton, a criminal defence lawyer. He said he has one client who has been awaiting trial for five years.

"The most significant cause of delay in our trial courts currently is what we call institutional delay," said Sutton. 

"It's not that the Crown and defence aren't ready to go to trial. It's that the courts can't accommodate the parties because of limited resources – either limited courtrooms or limited judges."

Quebec is already speeding up access to its courts, with a new plan put forward by the Justice Ministry this October.

• Quebec works to curb long waits for court dates

The ministry has outlined 22 measures to improve efficiency and collaboration in the justice system, including:

• Getting paperwork done more quickly.
• Bringing back retired judges to handle administrative tasks related to some cases.
• Making use of alternative measures to the courts for certain infractions.

However, in the case of the municipal workers, Sutton believes the delay is due to a decision to charge and try all 65 workers together, rather than separately.

"There are many, many accused and many trial counsel. And that, in and of itself, makes it hard to manage," he said.

Lawyers for the defendants will plead their case to invoke the Jordan motion and stay the charges in mid-January 2016.