I’ll be optimistic, I think the PI team backing out of the picture was a significant event and the Crown was soon ready to lay charges. But then came COVID-19 throwing everything into limbo. The implication of the Jordan Decision and the impact to the huge backlog of cases in Ontario first must be clarified otherwise the Crown risks homicide charges being tossed if the trial can’t be completed within 30 months.
https://www.cbc.ca/news/politics/stefanovich-jordan-decision-covid19-cases-delay-1.5638893
“......The Supreme Court of Canada's 2016 Jordan decision set hard limits on the amount of time that can pass between the laying of charges and the anticipated end of a trial — 18 months in provincial court and 30 months in superior court.
The Supreme Court of Canada's 2016 Jordan decision set hard limits on the amount of time that can pass between the laying of charges and the anticipated end of a trial — 18 months in provincial court and 30 months in superior court.
That ruling took into account the possibility of delays caused by illnesses and exceptional events — but there is no federal law outlining how those exceptions should be applied.
Lametti said that if excessive delays caused by pandemic restrictions on courthouse operations lead to confusion over how Jordan should be interpreted, he's prepared to introduce legislation to clarify how the benchmark should be applied in specific circumstances.
"We're prepared to take measures to make sure that the court system doesn't get overwhelmed," he said. "If we get to a situation where we need to legislate, we'll consider it."........
.....But the provincial and federal governments still have an obligation under Jordan to invest enough resources in the court system to get trials moving again, he said.
If they don't, and if the world has to live with eruptions of COVID-19 over the coming decade, Gottardi said the Jordan framework could come into play.....
......Provinces have been holding trials by judge alone — in part through video conferencing — but have gotten through just a fraction of the docket since March.
In Ontario alone, the Criminal Lawyers' Association estimates the backlog of delayed court cases now runs to 30,000.
Lametti hasn't announced any new funding for the courts. Justice Canada said resources are being discussed with the provinces and territories, but the department has not received a formal request for more money.
New federal health and safety guidelines are being put in place by courts across the country, which should allow full jury trials to restart in most jurisdictions this fall.....”