Manitoba pair found guilty of sexual assaulting girl free on bail due to unreasonable justice delays

Portage sexual assault convictions overturned Beth Macdonell reports on harsh criticism stemming from sexual assault convictions being overturned in a Portage la Prairie courtroom.

A Manitoba man and woman found guilty of sexually assaulting a girl near Morden in a trial by jury had their convictions overturned at a sentencing hearing in a Portage la Prairie courtroom on Tuesday Dec. 12 because of an unreasonable delay.

The crimes took place between 2005 and 2010.

The man and woman first appeared in court in July 2013, but the trial didn't happen until May 2017.

CTV News can't identify the pair, who had the same address, because of a publication ban.

In her decision, Justice Sandra Zinchuk told court the case took close to four years.

"At just over 45 months this straightforward case took longer than it reasonably should have. Although the accused in this case did not push for earlier dates or drive the case forward,” said Zinchuk. “Neither accused was responsible for delay."

Zinchuk referred to the Jordan decision, a Supreme Court ruling in July 2016.

"The presumptive ceiling is 18 months for cases tried in the Provincial Court and 30 months for cases in the Superior Court," she said.

Zinchuk issued a stay of proceedings. The man and woman were freed on bail.

"I have balanced the applicants’ rights to have their trial within a reasonable time against societal interest in bringing an accused to trial,” she said. “I find the delay in this case is unreasonable."

‘Completely failed children’

The Canadian Centre for Child Protection said the decision is shocking and disgusting, and exceptions should be made.

"I think it's outrageous that you have a situation where especially children deserve a higher threshold of protection and in this case we've completely failed children,” said Signy Arnason.

Scott Newman with the Criminal Defence Lawyers Association of Manitoba says while some find the decision unpopular, it’s important the justice system follows the rules.

"We are sending a message to those in power that if you don't fix this, there are going to be more people like this girl who are waiting years," said Newman.

Criminal cases delayed in Manitoba

Since the Jordan decision, defence counsel has brought 65 delay motions in criminal cases in Manitoba. Four were successful and eight are still pending.

A spokesperson with Manitoba Justice Minister Heather Stefanson’s office tells CTV News it's working to clear the backlog by reducing the number of preliminary hearings.