The impact of criminal justice funding decisions on children in B.C : Impact of criminal justice funding decisions on children in British Columbia

The prosecution was stayed on the basis that there had been an unreasonable delay and breaches of the Charter rights of the accused following the failure by the prosecution to transcribe and provide the defence with witness statements.2 The Crown did not appeal the court’s judgment. [...] The Supreme Court spelled out a number of factors that are to be considered in determining whether delay was unreasonable, including the length of the delay, the reason(s) for the delay, whether an accused had waived his or her right to a speedy trial, and whether the delay had prejudiced the position of the accused. [...] The judge observed that the initial police investigation was completed in a timely manner, but the subsequent delays, with the exception of a one-month adjournment requested by the defense, were the sole responsibility of the Crown and related specifically to the continuing inability of police to produce the translated statements. [...] The judge then considered Section 7 of the Charter, which provides: Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. [...] The Impact of Criminal Justice Funding Decisions on Children in B. C. 9 Special Report The court held that in this case the failure to provide the translated statements to the defence meant that the accused would not know the specifics of the case against him.