Three Montreal men charged with operating a car theft ring walked free because it took too long for their case to get to trial.
Court of Quebec Justice Salvatore Mascia said he “had no choice” but to issue a stay of proceedings against Obeida Borghol, James Rizk, and Ali Trad.
The judge said the length of time it took for the prosecutor to move the case through the justice system was unreasonable and violated the accused’s Charter right to a speedy trial.
The Supreme Court of Canada’s landmark 2016 ruling known as the Jordan decision stipulates that the courts must complete cases in provincial courts within 18 months.
The three were to go on trial May 6, 2024, after being charged in 2021.
Justice Mascia said his decision was “regrettable” because the Montreal police officers work was wasted.
“Not without concern, car theft has become a scourge throughout the country and particularly in the city of Montreal,” said Justice Mascia in his Jan. 22 decision.
Police had said the three men would rent high-end vehicles, install a GPS tracking device and then make a copy of the key. The alleged thieves would steal the vehicle when another customer rented the vehicles by tracking the vehicle’s location and stealing it, according to court documents.
The targeted vehicles included Jeep Grand Cherokees, Dodge Durangos, Toyota RAV4s, and a Hyundair Tucson.
The prosecution had relied on two arguments to justify the delay: the case was overly complex and was affected by the backlog of cases due to the covid pandemic.
The judge, however, ruled that the case was mishandled at the very beginning of the proceedings.
“The Court is of the opinion that the backlash effect of COVID-19 cannot continue to serve as a blanket exemption justifying the delays in the case at hand,” said Justice Mascia, adding, “there must come a time when the pandemic can no longer be considered an exceptional circumstance.”
