The flag of the Supreme Court of Canada flies on the east flag pole in Ottawa, on Monday, Nov. 28, 2022. THE CANADIAN PRESS/Sean Kilpatrick
OTTAWA – The Supreme Court of Canada says it set aside a man’s manslaughter and firearm convictions because of an unwarranted delay in his trial caused by the Crown.
In reasons released today for a decision made from the bench last month, the top court says the net delay of about 35 months violated Dia ‘Eddin Hanan’s Charter right to be tried within a reasonable time.
Hanan was charged in the shooting of two people in December 2015.
His jury trial was slated to begin in Windsor, Ont., in November 2018 but didn’t get underway until October of the next year.
The Supreme Court says the delay was not due to a lack of time for the parties and the system to adapt to a 30-month time limit established by the top court in a 2016 case known as Jordan.
Rather, the defence had offered to proceed by judge alone so that the trial could conclude within the Jordan ceiling, but the Crown refused.
This report by The Canadian Press was first published May 5, 2023.
