CCLA Strongly Opposes Bill C-16

The Canadian Civil Liberties Association strongly opposes Bill C-16 announced today by the Minister of Justice. The legislation would overturn nearly 40 years of Supreme Court precedent holding that a stay of proceedings is the remedy for unconstitutional trial delay, removing the strongest constraint requiring the justice system to run on time.

“The federal government’s proposal to gut the s. 11(b) Charter right to be tried in a reasonable time is unconstitutional and punts the hard work of resolving delay,” said Shakir Rahim, Director of the Criminal Justice Program. “Governments have been on notice of the Jordan decision for a decade. Yet they have failed to ensure the justice system is properly funded and run to ensure timely trials. The solution to that is not to water down our Charter rights, but for governments to step up and do their job.”

“Bill C-16 would keep the accused, complainants, and communities in legal limbo for even longer. Under Jordan, the state already has 18 months in provincial court or 30 months in superior court to complete a prosecution. The government is trying to legalize proceedings routinely running over two and a half years in length,” added Rahim. “Even a person who will be ultimately acquitted of their charges could spend years of their life behind bars with no end in sight.”

“This bill is part of a troubling broader picture. Governments are increasingly turning to legislating their way out of compliance with the Charter instead of addressing the underlying causes of serious public policy problems. Every person in Canada should be alarmed by this cavalier approach toward their constitutional rights,” added CCLA Executive Director, Howard Sapers.