Toronto Criminal Defence

Ontario is on the verge of a legal crisis as hundreds of criminal cases face the possibility of being thrown out due to excessive delays caused by a combination of staffing problems in Toronto and persistent mould issues in nearby Milton, which have completely halted in-person trials. This dire situation is raising concerns about access to justice and the fate of numerous legal proceedings.

Toronto’s Ongoing Staffing Crisis

In Toronto, the staffing shortages at a brand-new billion-dollar courthouse in the heart of the city have reached such a severe and chronic level that daily meetings between court officials and senior judges are required to determine the number of courtrooms that must be closed. On some days, as many as 18 courtrooms have had to be shut down due to the staffing shortage. As a result, high-priority cases take precedence, leading to rescheduled court dates and further delays for other cases.

These staffing issues have cast a long shadow over the Canadian Charter of Rights and Freedoms, which guarantees criminally accused individuals the right to a timely trial. The Supreme Court of Canada has set specific time limits, allowing 18 months for trials in provincial courts and 30 months for superior courts. However, exceptions are made for delays caused by “exceptional circumstances,” and Ontario judges argue that the staffing crisis does not qualify as an exception but a chronic issue that demands resolution.

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