Quebec judge Robert Marchi has thrown out the case of Dorval doctor Sheridan Diaz, after it was determined 42 months of delays were attributable to the Crown.
Judge Marchi's decision was influenced by the recent Supreme court case of R v. Jordan, in which a British-Columbia court of appeal found the amount of delays in the trial of Barrett Richard Jordan (totalling more than four years) was infringing on Section 11(b) of the Canadian Charter of Rights and freedoms.
As a result of what has come to be known as the 'Jordan decision', provincial courts will now have a maximum of 18 months of "reasonable delay", while the Supreme court has a limit of 30 months.
According to Diaz's defence lawyer, John Philpott, the legal system is overburdened and understaffed, and perhaps a bit overzealous.
"There are not enough judges and not enough prosecutors," he said. "The Crown often is right, that someone is guilty, but they make it so you can't defend yourself and it makes it hard to obtain proper resolution of cases. It could be my son, your son, your brother, etc. who faces the system."
Over a hundred requests for a stay of proceedings have been filed since the Jordan decision. Despite the controversies, Philpot thinks the result of the Jordan case will be beneficial to Canada's courts
"I think [the Jordan decision] awoke the entire legal system to the urgency of improving the management of criminal cases, and creating a better balance between Crown and Defence, and allowing accused persons and the public to see results in a reasonalble time delay," he said. "It's correcting a wrong which was hurting our entire system, and it will make the legal system better, I think."
Sheridan Diaz, 65, was accused of neglecting her elderly wife in 2013. Police were called to a Dorval home after neighbours reported hearing dogs barking and sometimes seeing a frail-looking elderly woman through the windows. Police discovered the woman who appeared disoriented and was alone in the house, which was filled with animal feces.
She was taken to hospital to be treated for dehydration and an animal bite.
When questioned, Diaz's story was inconsistent. Diaz was charged with, and aqcuitted of, similar charges in Cornwall, Ontario, soon after recovering her spouse from the hospital.