Wanted on a warrant for more than three years, a grown-up youngster obtained a stay of proceedings in his record for unreasonable delays.
The young man, whom the law forbids to identify, was 17 years old when he was involved in a case of assault causing injury in July 2013.
Absent during his appearance in the youth chamber of the Court of Quebec in October of the same year, the young person had been imposed a warrant of arrest.
The problem is that this mandate was not implemented until January 2017, about 40 months later.
The prosecution admitted at the time of the motion for unreasonable delay that no investigation or action had been taken to find the young person.
“My client never tried to scroll through this period. He lived at the same address for several months. He renewed his driver’s license, paid taxes and even got out of the country, “said lawyer Mélissa Robert of legal aid.
The arrest warrant was executed inadvertently in January 2017.
Despite his 20 years, he finally appeared in the youth chamber for his alleged former crime.
Her lawyer pleaded a motion for an unreasonable delay between the authorization of the complaint in September 2013 and the trial in June 2017.
“The period of non-performance of the warrant belonged to the public prosecutor. I pleaded Jordan, but also the criteria under the Charter of Rights and Freedoms that were in effect before that decision. I also made a delay for my client because he has developed a mental health problem since that time, making it difficult to make a full answer, “said Robert.
Judge Marie-Pierre Jutras of the Youth Division of the Court of Quebec granted the motion for unreasonable delay and acquitted the accused.
“The usual delays in youth are quite rapid. We are able to take a position four or five weeks after the appearance and get a trial three to four weeks later. Within six months, a file can easily be resolved, “says Mélissa Robert.