At least 160 people in Winnipeg turned out to watch in person as the Supreme Court of Canada heard its first ever appeal outside Ottawa.
The high court opted to hold two appeal hearings in Winnipeg this week in order to help Canadians better understand how the Supreme Court works.
“It is the first time in history the Supreme Court has sat outside Ottawa. I hope it will not be the last,” Canada’s Chief Justice Richard Wagner told court Wednesday morning prior to hearing arguments in the first of two appeals.
The appeals are being heard in the Manitoba Court of Appeal room at the law courts building.
There weren’t enough seats in the courtroom to accommodate all members of the viewing public at the same time; people were cycled through to watch in 30 minute intervals. An overflow room with a screen was set up where people were able watch the hearing while waiting for their turn to get into the courtroom.
Appeal over how long judge took to decide being heard Wednesday
The first appeal centres on the issue of the right to a trial in a reasonable time in a Manitoba sexual interference case.
A man who can’t be identified due to a publication ban was found guilty, but his lawyer is arguing it took too long to deal with the charges.
Under the Jordan framework, the charges should’ve been dealt with in 30 months, but it took 42 months from the time police charged the man to when he was found guilty.
At issue in the appeal is whether a judge’s decision-making time counts towards the time limit.
The appellant’s lawyer Kathy Bueti is arguing for a stay of proceedings or an acquittal in the case.
“This was not a complicated case,” Bueti argued. “The fact is delay occurred and it’s not reasonable.”
Bueti told the nine Supreme Court justices, under the legal framework guiding the right to a trial within a reasonable time, the only participants who aren’t held specifically to account are the judges.
“Crown and defence are held accountable from the outset,” she argued.
The Supreme Court justices will have to decide if the time a judge takes making a decision should count when deciding if a trial is taking too long.
The justices could issue a decision right away or give a decision later, in writing.
The second appeal set to be heard in Winnipeg Thursday is a civil matter out of British Columbia which focuses on French language rights in schools.
The Supreme Court justices are holding a meet and greet and question and answer session Wednesday starting at 3 p.m. at the Canadian Museum for Human Rights.