Koskie Minsky LLP and Henein Hutchison LLP have commenced a class action against the Province of Ontario alleging that chronic delays in bail hearings have violated the rights of accused persons.
The statement of claim issued on June 28, 2017 alleges, among other things, that the bail hearing system in Ontario has been administered in a manner which is negligent and in breach of the Canadian Charter of Rights and Freedoms. The claim alleges that for many years the bail hearing system has been mismanaged, resulting in overcrowded dockets, under-resourced courts, excessive travel requirements and lack of interpreters. The mismanagement is alleged to have led to routine violations of the class members’ rights to a timely bail hearing.
The proposed class includes all persons who were arrested and detained for a period of more than 24 hours prior to any meaningful bail hearing being available for the time period of January 1, 2000 to the present.
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