Number of cases tossed due to delays hits all-time high in N.S. courts

The number of cases in Nova Scotia courts dismissed due to delays has already hit an all-time high in 2023, and the year isn't over yet.

The number of cases in Nova Scotia courts dismissed due to delays has already hit an all-time high in 2023, and the year isn't over yet.

As of July 31, 12 cases have been stayed by judges because they took too long — nearly double the total for the entire year in 2022.

One of the latest examples is a case in which a teenager was convicted of violently sexually assaulting a girl who was just five years old when the assaults began.

The Nova Scotia Court of Appeal, in a decision released late last month, ruled that the case had taken too long. The Appeal Court ruled that the trial judge failed to properly consider an application from the accused's lawyer to dismiss the case due to delays. The youth cannot be named because of a publication ban.

"I am satisfied the appellant has made out a violation of his constitutional right to be tried within a reasonable time," Justice Anne Derrick wrote for the three-member appeal panel.

The Supreme Court of Canada, in its 2016 Jordan decision, established firm deadlines for dealing with cases. In Youth Court, where the teenager's trial was held, that deadline is 18 months; the same timeline that exists for matters in provincial court. In superior courts, like the Nova Scotia Supreme Court, that timeline is 30 months.