Legislative Background: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, as enacted (Bill C-75 in the 42nd Parliament)

Introduction

Delays in the criminal justice system significantly impact all those involved, in particular accused persons, victims of crime and those who are expected to be called as witnesses. Accused persons have the right to be tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms (Charter), the failing of which can result in a stay of proceedings. These protections act as an important safeguard by limiting the amount of time an accused can can be subject to restrictions on their liberty prior to a decision on their guilt or innocence. Despite that they are presumed innocent, accused persons are often subject to strict bail conditions or detained in remand centres while awaiting trial, with significant repercussions on their health and well-being, their family and social relationships, and their livelihood.

Lengthy criminal trials also impact negatively upon victims. Stays of proceedings due to delays compound victimization leading to feelings of “justice being denied.” This erodes public confidence in the criminal justice system at large. Police, counsel, judges and other criminal justice professionals must continually re-align resources to reduce delays and their impact on accused and victims to ensure a fair and accessible justice system. These challenges are particularly acute for Indigenous persons and marginalized persons, such as those suffering from mental health or addiction issues, who are overrepresented in the criminal justice system.