A provincial first: N.L. judge halts voyeurism trial citing new Supreme Court deadlines

Acase has been thrown of court in Newfoundland and Labrador because the defendants' "right to a trial within a reasonable time has been breached."

Provincial Court Judge Mark Linehanruled that the man charged "established, on a balance of probabilities, that the presumptive ceiling on delay has been exceeded by eight (8) months."

It's the first time the Department of Justice and Public Safety is aware ofa judge in Newfoundland and Labrador using this summer'sR v. Jordan ruling to stay proceedings.

That ruling set guidelines for completion of trials at the Provincial and SupremeCourt level.

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There was also a federal drug matter in this province "in which the trial division's decision of unreasonable delay was overturned by a majority of the Court of Appeal," according to the Department of Justice.

Chargedin May 2014

Judge Linehanruled in favor of aman who can not be identified because of a publication ban charged May 1, 2014 for a complaint of voyeurism on July 13, 2013.

His first court appearance was more than two years ago, July 10 2014.

'Sought to address a culture of complacency and delay."- Justice Mark Linehan

The man's lawyer filed an application to have the case thrown out of court because of long delays caused by the Crown.

Judge Linehan wrote in his decision that R v. Jordan "sought to address a culture of complacency and delay" and wrote that the Crown failed"to rebut the presumption of unreasonableness" in this case.

The Crown argued that "the bulk of the delay occurred before" the Supreme Court ruling that set the new guidelines, but Judge Linehanruled in favor of the applicant.

Provincial Court trials are expected to be completed within 18 months of charges being laid.

In this case, byNovember of2015.

Proceedings stayed

The proceedings were stayed, which means the charges remain but he won't have to return to court unless a judge lifts the stay of proceedings.

A statement from the Department of Justice and Safety said courts across Canada are encountering applications related to the Jordan decision since it was handed down this summer.

"There have been in the range of 47 decisions reported on the specific issue of unreasonable delay since the timelines were established by the Supreme Court of Canada," it read.

"Astay was imposed in 23 and a stay application was dismissed in 23. Proceedings for unreasonable delay based on Jordan are not specific to Newfoundland and Labrador but are being felt across the country."