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Judge tosses impaired driving case after lengthy delay by Teviah Moro Hamilton Spectator 11 | Thursday, March 26, 2015 | OAKVILLE BEAVER | www.insideHALTON.com A Halton judge, who tossed a drunk driving case after a delay of nearly a year, has blamed a lack of government funding coupled with a tough-oncrime agenda for the region's backlogged court system. Justice Stephen D. Brown threw out the case, ruling the 11-month and one-week delay infringed on the defendant's right to a trial within a reasonable time. In his March 16 ruling, Brown takes aim at the province for not reacting to Halton's continuing population boom. "The government has failed to allocate sufficient resources in Halton for a lengthy period of time. This cannot be an oversight but only a conscious decision." The region has two courthouses -- one in Milton and another in Burlington. Its judicial system hasn't seen its contingent of seven Ontario Court of Justice judges increase since 2004, despite the population influx, Brown wrote. In 2012, two judges who handled mostly family law, but whose criminal caseload was 25 per cent of their work, were "overwhelmed" by family and child protection matters. Those judges were dedicated solely to family court to cut down on "simply unacceptable" wait times for custody or apprehension hearings, Brown stated. -- the case that Brown threw out. "tough-on-crime" agenda, saying mandatory Ibrahim mounted a Charter of Rights and minimum sentences have encouraged more The government has failed to Freedoms application, stating his right "to vigorous defences because clients "have nothing allocate sufficient resources in Halton be tried within a reasonable time" had been to lose." for a lengthy period of time. This infringed. "But justice ain't cheap," Rosenthal added. cannot be an oversight, but only a Brown said his lawyer "did everything possible Brown noted it's the "legislative prerogative conscious decision. to move the matter along expeditiously," and of the government to adjust penalties and to ruled the charge be stayed. criminalize more behaviour, but by doing so Rosenthal, who declined to discuss Ibrahim's they must recognize that this will practically Justice Stephen D. Brown result in more cost to the government." Ontario Court of Justice case, has mounted such Charter challenges before and says they're a daily occurrence in The federal and provincial governments Ontario courts. hadn't yet responded to requests for comment "One of the results of this is that we are He blames, in part, the federal government's by press deadlines. now effectively down one-half of one judicial complement because these two judges are now not doing criminal trials." www.edwardjones.com Brown's rant about lack of resources doesn't flag anything new in Halton, or in Ontario for that matter, says lawyer Jonathan Rosenthal. "This is the easiest problem in the criminal justice system to fix. It's just money." Crown attorneys, who lack support staff and must make their own photocopies, are "grossly underfunded," as is legal aid, he said. Faced with a backlog, prosecutors have to pick and choose which cases to make a priority, which Marc Nutford - Financial Advisor puts others on the back-burner, Rosenthal said. 2387 Trafalgar Road, Oakville, ON L6H 6K7, 905-844-4043 "There's going to come a time when you're marc.nutford@edwardjones.com · www.edwardjones.com going to start seeing problems with cases because of that." Rosenthal, a Toronto-based lawyer, represented Hany Ibrahim, a 26-year-old University of Guelph Member ­ Canadian graduate who was charged with impaired driving Investor Protection Fund Looking for direction in a volatile market? Let's talk. Certified Auto Glass Technicians with 22 years of experience All windshield,door & back glass in stock We pay up to 100% of insurance Deductible · We deal directly with your Insurance Company · Life time Warranty against leaks · Stone chip repairs · Free Mobile Service · Free Pickup & Drop OFF d rs n this a Mentio dshield wipe in w e dels e o r F m t d n e to most make a L E T YO U R S T Y L E and g Applies blossom. 281 Speers Road Oakville ON 905.339.0339 1.855.339.0339 www.speersautoglass.ca n El iza be ye th cr W of ay tR d Ke SKYWAY JEWELLERS rr St . Qu Sp ee r sR rv al Dr oa d Do South Oakville Centre 1515 Rebecca Street, Oakville 905.469.0520 www.skywayjewellers.com Foxcreek Mall 2501 Third Line Road, Oakville (Third Line and Dundos) ee W Some jewelry displayed patented (US Pat. No. 7,007,507) · © Pandora · PANDORA.NET