There is a growing chorus of outrage over the release of an Ahuntsic man who was charged with the murder of his wife due to the Supreme Court's Jordan ruling that sets time limits on court cases to be processed in the justice system.
Sivaloganathan Thanabalasingham, 31, was arrested in August 2012. He was charged with second degree murder in the death of his wife Anuja Baskaran.The 21-year-old woman was stabbed in the throat multiple times.
Months earlier, Thanabalasingham pleaded guilty to beating his wife in two incidents and was sentenced to five months behind bars.
Thanabalasingham's lawyer filed a motion for a stay of procedures in the murder case citing the long delay in having his client tried in court. The judge said yesterday the argument was founded, saying there were no exceptional circumstances that could justify the delay of 58 months.
It's the first such case in Quebec and the third in Canada.
"It's kind of discouraging and kind of outrageous," said Manon Monastesse who heads up the Federation of Women's Shelters.
Monastesse said it's as if the justice system doesn't take cases of conjugal violence seriously. For the past two years, her group has been calling for these cases to be fast tracked in the court system. They're still waiting.
"We know it is very difficult for victims to press charges so it gives a very negative message to the victim that they will not be heard," said Monastesse.
The Regroupement des maisons pour femmes victimes de violence conjugale said this demonstrates the underfinancing of the justice system and that it may be time to invoke the notwithstanding clause to override the Jordan ruling.