Would getting rid of preliminary inquiries speed up justice?
Across Canada lawyers, judges and victims are facing the same problem — cases are being dropped because longs delays have been deemed unconstitutional.
In the summer of 2016, the Supreme Court of Canada issued what's known as the "Jordan decision" that set strict deadlines on how long trials could take. The less serious offences now need to wrap up within 18 months while more serious charges, including murder, have a 30-month deadline.
Since this decision came down, defendants accused of everything from impaired driving and drug possession to even aggravated sexual assault and murder have had their charges stayed.
In response, some from inside the criminal justice system are suggesting ways to streamline the process — including the elimination of preliminary inquiries.
In Manitoba, three of its chief justices and its Attorney General have sent a proposal to Canada's Justice Minister Jody Wilson-Raybould to try this approach for four years.
Chief Justice Glenn Joyal sits on the Court of Queen's Bench in Manitoba where the most serious cases are tried.
"The problem that we're now facing in respect to the preliminary inquiry is the delay it takes to first schedule that hearing and the impact that that delay has in the eventual trial — when that trial is ultimately set down," Justice Joyal tells The Current's Anna Maria Tremonti.
A preliminary inquiry is a hearing that takes place prior to trial. The purpose for the hearing is to determine whether there is sufficient evidence to put the accused to trial, Joyal explains.
The scheduling of preliminary inquiries can take between 18 months to 28 months or longer depending on the region.
Joyal proposes that by eliminating the preliminary inquiry and replacing it with a new out-of-court discovery process, many of the concerns raised by defence counsel can be addressed.
"You're effectively cutting in half the time that would be spent for society to get ultimately the adjudications that we think they have a right to have."
The preliminary inquiry is not a constitutional right nor is it protected by the Charter, Joyal says.
"[But] that doesn't mean courts aren't attentive to ensuring that the accused is provided as much of that benefit when a preliminary inquiry takes place."
Listen to the full conversation at the top of this web post.
This segment was produced by The Current's Kathleen Goldhar.