A man accused of sexual and physical assault had his charges dropped in April, just before his trial was set to commence in Toronto, due to a lack of available judges in the region.
Emron Constantine faced four counts of assault, two counts of sexual assault, and one count of uttering threats. However, Ontario Superior Court Justice Catherine Rhinelander stayed these charges after ruling that Constantine’s constitutional right to a timely trial had been violated.
The allegations against Constantine involved a series of disturbing incidents, including physical assault, rape, and death threats against a woman. Despite being arrested and charged in October 2019, Constantine’s trial was repeatedly delayed due to the unavailability of judges.
Under Canada’s Criminal Code, individuals charged with an offence are entitled to a trial within a reasonable time frame, typically set at 18 months in Ontario. While the pandemic and procedural issues contributed to some delay, the primary factor identified by Justice Rhinelander was the shortage of judges.
The judge’s decision echoed concerns raised by Justice Michael Code in a previous ruling, highlighting the chronic issue of overbooked trial lists and the lack of judicial flexibility. With courtrooms often understaffed and cases left unresolved, the justice system faces significant challenges in delivering timely and fair outcomes.
The backlog of cases has drawn criticism from various quarters, including New Democratic Party MPP Kristyn Wong-Tam, who described it as “staggering.” Despite calls for increased funding for the justice sector, the 2024 Ontario budget indicates a decrease in funding, further exacerbating the strain on the system.
While Attorney General Doug Downey has emphasized the government’s efforts to address backlogs and staffing issues, the lingering impact of delays on individuals awaiting justice remains a pressing concern. As courtrooms continue to face challenges, the need for sustainable solutions to ensure timely access to justice becomes increasingly urgent.