Manitoba Sees 15 Domestic Violence Cases Stayed Under Supreme Court’s Time Limit Ruling
A Manitoba judge has recently stayed domestic violence charges against an individual due to prolonged delays exceeding the Supreme Court’s time limit. The trial, initially scheduled for late February, was postponed until fall after the Crown’s key witness failed to appear. Provincial Court Judge David Ireland emphasized that part of the delay stemmed from systemic limitations within the court system.
Details of the Case
The man faced two counts of assault, with additional charges including two counts of assault with a weapon. He was arrested in 2023. Judge Ireland noted that delays in the court’s scheduling contributed to the extended timeline of the case.
According to the ruling, nearly 18 months lapsed between the initial allegations of domestic abuse and the witness’s sworn statement. The witness cited an inability to travel due to her child’s health as a reason for non-attendance, but the judge stated that the case would have still exceeded the Jordan limits even with that explanation.
The Jordan Ruling
The Supreme Court’s 2016 Jordan decision established a framework for trial delays, suggesting an 18-month limit for provincial courts and 30 months for superior courts. If a defense request for a stay is made, the Crown must demonstrate exceptional circumstances to continue. Since the ruling, Manitoba’s courts have seen a total of 15 cases stayed due to these time limits.
| Year | Cases Stayed |
|---|---|
| Since 2016 | 15 |
| Last 5 years | 11 |
Statistics reveal that in the 2023-24 period alone, 1,656 adult criminal cases in Manitoba surpassed the Jordan limit. Approximately 704 of these were stayed, withdrawn, or dismissed. Among these, 29 cases were classified as sexual assault while others included various assault charges.
Calls for Additional Resources
The growing complexity of cases, including the use of electronic evidence, has placed pressure on Manitoba’s court system. Michael Desautels, president of the Manitoba Association of Crown Attorneys, expressed the need for more Crown prosecutors to handle current workloads effectively.
Chris Gamby, communications director for the Criminal Defence Lawyers Association of Manitoba, highlighted the public concern regarding cases being stayed due to delays, while acknowledging the significant challenges faced by individuals awaiting trial.
Government Response
Justice Minister Matt Wiebe noted recent efforts by the NDP government to improve court efficiency, including hiring 35 new prosecutors and reducing court clerk vacancies in Winnipeg. The minister emphasized that ensuring adequate resources for the justice system remains a top priority.
While only 15 cases have been stayed in Manitoba under the Jordan limits, the government continues to explore strategies to alleviate delays in trials.
