When police turned up at Melanie Hatton香蕉视频直播檚 home in Kelowna, B.C., in November 2021, she says they found her in the bathroom covered in blood, with her then-husband Jeffrey Maclean standing over her 香蕉视频直播渋n an aggressive manner.香蕉视频直播�

She describes a gruesome scene in a court filing, with blood from her head wound allegedly smeared on Maclean香蕉视频直播檚 mouth from his whispering in her ear. The filing in a civil lawsuit against Maclean says he told a 911 operator his wife was 香蕉视频直播渂leeding like a pig.香蕉视频直播�

Hatton said police and prosecutors told her that the criminal case against Maclean in B.C. Supreme Court would be a 香蕉视频直播渟lam dunk,香蕉视频直播� and he was charged with assault causing bodily harm and resisting arrest.

But the case was thrown out in August 2023 香蕉视频直播� not for a lack of evidence, but because the Crown took too long to bring it to trial under a set of strict timelines that have reshaped the way criminal cases are handled since a landmark 2016 ruling by the Supreme Court of Canada.

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Supporters say the so-called Jordan ruling has sped up proceedings and strengthened Charter rights for prompt justice.

But the legacy of Jordan is mixed, and some victims say the time limits work in criminals香蕉视频直播� favour. Eight years into the rules, cases continue to collapse because the time limits are breached, although these represent a small fraction of all cases.

A review of statistics provided by provinces and territories shows that since the beginning of last year, more than 400 criminal cases countrywide have been dismissed, stayed or withdrawn as a result of Jordan challenges.

Among the defendants were some accused of sexual assault, child exploitation, fraud and drug trafficking; murder cases have also been thrown out in previous years.

The case against Maclean was among those dropped.

Hatton said she was thrown into 香蕉视频直播渁n absolute pit of despair and shame香蕉视频直播� after the case was thrown out.

Prosecutors blamed factors including COVID-19 and the availability of Maclean香蕉视频直播檚 lawyer for the delays and the failure of the case.

Hatton thought otherwise, and sent a one-line email to the Crown prosecutor.

香蕉视频直播淚 said 香蕉视频直播榯his is on you,香蕉视频直播櫹憬妒悠抵辈�� said Hatton, who now lives in Ontario with the couple香蕉视频直播檚 two children.

None of the allegations in Hatton香蕉视频直播檚 civil suit against Maclean have been proven or tested in court, and in his response, Maclean 香蕉视频直播渄enies each and every allegation.香蕉视频直播�

A 香蕉视频直播楻EVOLUTIONARY香蕉视频直播� RULING

The Jordan ruling imposed 香蕉视频直播渁 presumptive ceiling香蕉视频直播� of 18 months between charge and the actual or anticipated end of a trial in provincial court, and 30 months in superior courts.

Barring 香蕉视频直播渆xceptional circumstances,香蕉视频直播� exceeding those limits was deemed by the country香蕉视频直播檚 top court to breach the Canadian Charter, which requires that criminal defendants 香蕉视频直播渂e tried within a reasonable time.香蕉视频直播�

Exactly how long 香蕉视频直播渞easonable香蕉视频直播� meant was unclear until the high court香蕉视频直播檚 ruling in R. V. Jordan.

The case would upend criminal law practice countrywide, but B.C. lawyer Tony Paisana, who was involved in the trial, didn香蕉视频直播檛 know just how significant it would be at the time.

香蕉视频直播淟ooking back, it香蕉视频直播檚 certainly difficult to say that we, any of us, really expected this to come out the way that it did and how revolutionary it was going to be,香蕉视频直播� he said in an interview.

The case started modestly enough in December 2008 with the arrest of an alleged drug dealer named Barrett Jordan in Langley, B.C., along with a number of others who police accused of running a 香蕉视频直播渄ial-a-dope香蕉视频直播� operation.

It took more than four years from Jordan being charged to the end of his original trial.

He unsuccessfully argued that his Charter rights to a timely trial had been breached in both the B.C. Supreme Court and Court of Appeal before it ended up in the Supreme Court of Canada.

Paisana and colleagues Eric Gottardi and Richard Peck argued that the right to a timely trial went back hundreds of years, quoting the 1215 Magna Carta in their submissions.

Paisana said the high court香蕉视频直播檚 decision in Jordan 香蕉视频直播渃ompletely achieved its intended objective, which was to speed up criminal trials.香蕉视频直播�

香蕉视频直播淎nd to have various judicial participants, that being the judge, the Crown, the defence, the accused, everyone start paying attention to the timeliness of trials,香蕉视频直播� he said.

香蕉视频直播淚t was a chronic problem that existed in our system and Jordan was what we call in the law a 香蕉视频直播榗larion call香蕉视频直播� to change the culture that surrounded criminal trials.香蕉视频直播�

He said cases were stayed for unreasonable delays before this case, but Jordan established new thresholds.

香蕉视频直播淭here香蕉视频直播檚 just a greater confidence in the justice system when things are resolved more quickly,香蕉视频直播� he said. 香蕉视频直播淚 think it香蕉视频直播檚 a net positive effect that the judgment香蕉视频直播檚 had. It香蕉视频直播檚 not without its controversy, but nothing that we do is without its controversy, frankly.香蕉视频直播�

The debate over Jordan was reignited in B.C. this summer, after a case was dismissed against a man accused of molesting a six-year-old.

Premier David Eby said at the time it was due to a 香蕉视频直播減erfect storm香蕉视频直播� of delays, and that 香蕉视频直播渘ot one case should be dismissed this way.香蕉视频直播�

The Jordan deadlines, he said, had been 香蕉视频直播渧ery restrictive香蕉视频直播� and 香蕉视频直播渄evastating in other provinces.香蕉视频直播�

Among at least 409 Jordan challenges that ended cases across Canada since the start of last year were 26 in B.C., involving allegations ranging from fraud, to theft, drug and weapons offences, and sexual assault.

香蕉视频直播淓very case that is judicially stayed due to delay is a concern. Victims and the public expect to see cases determined on their merits and not dismissed because of unreasonable delay,香蕉视频直播� the B.C. Ministry of Attorney General said in a statement.

香蕉视频直播淲e have taken this issue seriously and invested in transforming processes and increasing resources to prevent judicial stays,香蕉视频直播� the statement said.

In Maclean香蕉视频直播檚 case, the B.C. Supreme Court found in August 2023 that his trial had been set 香蕉视频直播渨ell beyond the Jordan limits,香蕉视频直播� through no fault of the defence, nor any delay caused by COVID-19 interruptions of court operations.

香蕉视频直播淚f the Crown had not failed in its disclosure obligations,香蕉视频直播� the judge wrote, 香蕉视频直播渢he matter would have likely concluded within the Jordan limits.香蕉视频直播�

香蕉视频直播楢 HUGE NEGATIVE IMPACT香蕉视频直播�

Stacey Purser, a criminal defence lawyer in Edmonton, said Jordan had not resulted in the 香蕉视频直播渃ulture of urgency that I think the Supreme Court was trying to create.香蕉视频直播�

香蕉视频直播淯nfortunately, I don香蕉视频直播檛 think that much really has changed since Jordan other than to say that, you know, once you get past those presumptive deadlines, people seem to be in quite a panic to get things done,香蕉视频直播� she said.

Vancouver defence lawyer Kyla Lee, who specializes in impaired driving cases, said Jordan has had a 香蕉视频直播渉uge negative impact on not just my practice, but the practice of law generally for criminal lawyers.香蕉视频直播�

香蕉视频直播淭he problem is that now every time you go to court, no matter what the purpose of the appearance is, there is always a discussion about Jordan,香蕉视频直播� she said. 香蕉视频直播淚t comes up at every single appearance and it香蕉视频直播檚 gotten to the point where the ceilings in Jordan are effectively being weaponized against accused individuals.香蕉视频直播�

With a busy schedule, finding court dates that work for both her and prosecutors is challenging, and the inability to agree results in arguments over who香蕉视频直播檚 to blame. Judges have to conduct 香蕉视频直播渕icroscopic analysis香蕉视频直播� to determine the length and cause of trial delays, Lee said.

香蕉视频直播淚t has made everything far more complex, far more contentious, and it香蕉视频直播檚 really done a disservice to the timely administration of justice because more court time is being taken up simply to address these issues,香蕉视频直播� she said.

Former Toronto resident Cait Alexander, a Canadian model and actress now living in Los Angeles, founded the group End Violence Everywhere after an abusive relationship nearly ended her life, alleging her ex-partner brutally beat her with a wooden rolling pin in July 2021.

Multiple charges were stayed due to delays, and Alexander said she felt 香蕉视频直播渄isgusting香蕉视频直播� after having received assurances from prosecutors that the case would go ahead.

She said the only consequence against her ex-boyfriend 香蕉视频直播� who was originally charged with assault causing bodily harm, uttering threats, obstruction and other offences 香蕉视频直播� was a peace bond, and she left the country in fear of her safety.

香蕉视频直播淭hat香蕉视频直播檚 all they could offer me because they didn香蕉视频直播檛 have time to prosecute my case,香蕉视频直播� she said.

Alexander testified before the House of Commons Standing Committee on the Status of Women this past July, recounting stories of survivors including Hatton, whose experience she called 香蕉视频直播渉arrowingly similar香蕉视频直播� to her own.

In her testimony, Alexander told members of the committee that the 香蕉视频直播済overnment doesn香蕉视频直播檛 care香蕉视频直播� about survivors and victims of intimate partner violence.

香蕉视频直播淲e, as Canadians, have Charter rights that are essentially a 香蕉视频直播榞et out of jail free香蕉视频直播� card for criminals, but what about survivors香蕉视频直播� rights? Why are our Charter rights never accounted for?,香蕉视频直播� she testified.

Like Hatton, she香蕉视频直播檚 suing her ex-boyfriend because it香蕉视频直播檚 香蕉视频直播渢he only form of legal justice I have left,香蕉视频直播� she told the committee.

Alexander testified to the committee again last week, telling members that Jordan timelines shouldn香蕉视频直播檛 apply in cases of sexual assault or intimate partner violence.

香蕉视频直播淭here should be no time limit or stay permitted with human-on-human crimes,香蕉视频直播� she testified, later tearfully describing the Jordan rules as 香蕉视频直播渟ickening香蕉视频直播� and 香蕉视频直播渢errifying.香蕉视频直播�

Paisana said it was important to keep in mind the 香蕉视频直播渂igger picture香蕉视频直播� of Jordan, the importance of timely trials and the rights of accused persons who are presumed innocent until proven guilty.

香蕉视频直播淚t benefits society as a whole in a very dramatic way, as opposed to one or two individual cases in a given a year, in a given jurisdiction, that might be stayed as a result of it,香蕉视频直播� he said.

For Hatton, the collapse of the case against her ex-husband was devastating, and continues to influence her life. She now has multiple security systems in her new home after fleeing her old life in B.C.

In October 2023, Hatton filed her civil lawsuit against Maclean in B.C. Supreme Court, alleging a 香蕉视频直播渉istory of abuse香蕉视频直播� throughout their relationship, seeking damages for assault, intentional infliction of emotional distress and defamation.

READ MORE: Kelowna woman files lawsuit after 17 years of alleged abuse

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She said getting a relocation order allowing her to move out of B.C. with her children is a 香蕉视频直播渟light bit of justice.香蕉视频直播�

But she now lives in a state of hyper vigilance.

香蕉视频直播淚 sleep with a golf club beside my bed,香蕉视频直播� she said.

Darryl Greer, The Canadian Press