“This was a clear case of a delay caused by a systemic issue,” the judge ruled. “This strikes at a fundamental aspect of our criminal justice system. The persistence of this problem cannot be tolerated.”
A man’s robbery charges were tossed by a Newmarket judge last month because he had to wait almost 17 days in jail for his bail hearing — a ruling that lawyers warn could lead to more cases being thrown out due to Ontario’s overburdened bail system.
The Crown conceded that Alhajsalem’s rights had been violated but argued that instead of tossing the case, the judge should have issued a reprimand or reduced the man’s sentence had he been found guilty. to reach their cases at Toronto’s new regional bail centre. Accused persons have had to wait days, and sometimes longer, just to schedule a contested bail hearing at the new courthouse.
Alhajsalem was arrested in March 2022 on charges of robbery with violence and disguise with intent for, among other things, allegedly stealing a car at a gas station by threatening violence. “The alleged offences strike at the sense of security people in the community are entitled to when doing the mundane in everyday life,” he wrote.
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