Sexual, physical assault charges dropped due to lack of judges

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A lack of judges in Toronto ultimately led to sexual and physical assault charges being dropped against a man following an Ontario Superior Court judge’s ruling last month.

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Emron Constantine was charged in October 2019 with four counts of assault, two counts of sexual assault, and one count of uttering threats against his former common-law partner.

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She accused him of physical assaults in 2011, 2014 and 2015, and sexual assaults between February and March of 2019.

Constantine’s trial was set to begin Monday in Toronto and wrap up by Friday.

However, the case was stayed by Judge Catherine Rhinelander in April, more than four-and-a-half years after charges were laid, after ruling his constitutional rights to a timely trial were breached.

“This matter would have been completed within the … timelines, had a judge been available,” Rhinelander wrote in a decision published May 6.

A trial date was first set for June 2021, but Constantine suffered an ankle injury that required surgery.

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His mobility was limited for weeks following the procedure, so a new trial date was set for June 2022.

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Some “miscommunications or issues” on the Crown’s part led to a further delay, and a new trial date set for Sept. 25, 2023.

When that day arrived, Constantine attended court only to be told no judge was available.

“The parties were ready to proceed, however, there was no judge available to hear the trial,” Rhinelander wrote. “The parties were directed to reattend the following morning at 9:30 a.m.”

Constantine returned to court the next day, but was told, “we have no judge for you.”

“It was determined, with no judge available to start the trial, and the following week having only four court days available, the matter would not be completed,” Rhinelander wrote.

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Both parties agreed on a new trial end date of May 17.

While delays due to the COVID-19 pandemic — which forced the closure of Ontario courts for 210 days and led to a backlog of cases — and other “exceptional circumstances” were deducted from the total of 1,689 days, Rhinelander ruled that 1,079 days awaiting trial far exceeded the 30-month presumptive ceiling of 913 total days.

The Crown had argued that the net delay should have been 602 days, well below the more than 900 ceiling.

“I do not accept the Crown’s submission that ‘the court’s unavailability to accommodate a trial of this seriousness is exceptional and directly linked to the pandemic backlog.’” the judge wrote. “This argument is undermined regarding the seriousness of the case given the intention to proceed summarily.”

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