- Feb 2, 2017
- Reaction score
The pandemic has postponed some court proceedings. There’s a risk of some cases being thrown out because the defendants have the right for their case to be heard within a certain timeframe. This may be a factor with the Sherman case, IMO.
(Article on court delays: https://www.cbc.ca/player/play/1763936835520 )
This article is a re-post from last year (there may not be a paywall):
“Are the Toronto Police any closer to solving the high-profile Sherman murder case?
Why do police say there is a connection between the Sherman estates and their homicide investigation?
Legal challenges to try to get answers to those and other questions are delayed until at least July, in one case, and the fall in another, due to postponements of most court hearings because of the COVID-19 pandemic. The Toronto Star is challenging sealing orders on court files related to the Shermans and cases that would have been heard in March and May will now be heard in July and October.”
Court challenges to secrecy of Barry and Honey Sherman murder case and estate files delayed by pandemic
ETA: In the above article the TPS said that there have been no delays in the Sherman investigation, it’s still active and ongoing.
I would presume Ontario courts are still backlogged and it’s disturbing to read about various charges dropped from time to time throughout the country due to the Jordan ruling. I haven’t noticed any convictions that have yet reached the SCC for a ruling on whether the covid pandemic qualifies as an exceptional circumstance if the trial wasn’t completed within 30 months of charges being laid. This ruling poses legal ramifications new and unique to only Canada, much like our 4 month 2nd dose of covid vaccine.
I do believe it may be a factor in the Sherman case. Even if the Crown Prosector believes there’s enough evidence to proceed with charges, it may be prudent to wait while TPS continues to work on the file and the court backlog begins to clear within the next few months.
This article pertains to a trial in Saskatchewan -
Lawyer for man charged in violent home invasion may seek to have charges dropped due to delays
“A lawyer for a man held in custody for more than a year since his arrest for a violent home invasion and armed robbery said he may file a Jordan Application to have the case dismissed.....
.....She said delays due to COVID-19 are considered exceptional circumstances under the Jordan Principle.
Stepper, however, said he would be prepared to challenge that.
“COVID may be exceptional circumstances under the Jordan Principle but I would be prepared to challenge that.”
Judge Daniel O’Hanlon said he finds the situation “very troubling.”
He said the court must consider a number of factors, including social distancing and how many are inside the courtroom such as witnesses, counsel, sheriff, clerk and judge.
“It’s a difficult situation,” said Judge O’Hanlon. “I recognize that your client is sitting in custody for over a year and that’s a concern.”
Judge O’Hanlon said the court is in the process of starting to get trial files together to set as soon as the pandemic allows preliminary hearings and trials...”