Charter rights apply in traffic court

Timely justice is one of the hallmarks of a free and democratic society

In a decision which will be welcomed by professional drivers, Canadians’ Charter right to a speedy trial applies in traffic court, Blacklock’s Reporter wrote on July 23rd.

Blacklock’s provided coverage of an Oakville, Ontario case in which the case of a driver charged with running a red light was dismissed because prosecutors waited too long to bring the case to court. The driver was charged when a traffic camera at an Oakville intersection captured the image of the vehicle apparently running a red light on June 8, 2022. The driver pled not guilty in a case, which was originally scheduled by prosecutors to be heard on May 23, 2024.

Judge Milena Commisso ruled the delay of more than 23 months clearly violated the Charter Of Rights section 11.b. that states, “Any person charged with an offence has the right to be tried within a reasonable amount of time.” The Supreme Court has fixed a deadline of 18 months in criminal proceedings excluding delays of a defendants’ own making.

“This is a red light camera charge before the Court,” wrote Judge Milena Commisso. “It is not a complex matter.”

Judge Commisso ruled the delay of more than 23 months clearly violated the Charter Of Rights section 11.b. that states, “Any person charged with an offence has the right to be tried within a reasonable amount of time.” The Supreme Court has fixed a deadline of 18 months in criminal proceedings excluding delays of a defendants’ own making.

Prosecutors argued the deadline could not apply since the traffic charge was not a Criminal Code offence that could result in jailing. Judge Commisso dismissed the claim and the charge. “The rights protected by the Charter apply,” she said.

“None of the delay falls at the feet of the applicant,” wrote Commisso in her decision. “The net delay in this matter is 22 months and 23 days. This delay exceeds the presumptive ceiling as set out in Jordan by approximately 4 months and 23 days.”

Commiso was referring to a 2016 decision by the Supreme Court of Canada which stated in part, “Timely justice is one of the hallmarks of a free and democratic society.”

“The Canadian public expects their criminal justice system to bring accused persons to trial expeditiously,” wrote the Supreme Court. “As the months following a criminal charge become years, everyone suffers. Accused persons remain in a state of uncertainty, often in pre-trial detention. Victims and their families who in many cases have suffered tragic losses cannot move forward with their lives.”