When police turned up at Melanie Hatton91裸聊视频檚 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 91裸聊视频渋n an aggressive manner.91裸聊视频�

She describes a gruesome scene in a court filing, with blood from her head wound allegedly smeared on Maclean91裸聊视频檚 mouth from his whispering in her ear. The filing in a civil lawsuit against Maclean says he told a 911 operator his wife was 91裸聊视频渂leeding like a pig.91裸聊视频�

Hatton said police and prosecutors told her that the criminal case against Maclean in B.C. Supreme Court would be a 91裸聊视频渟lam dunk,91裸聊视频� and he was charged with assault causing bodily harm and resisting arrest.

But the case was thrown out in August 2023 91裸聊视频� 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 criminals91裸聊视频� 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shows that since the beginning of last year, more than 400 criminal cases countrywide have been dismissed, stayed or withdrawn as a result of Jordan challenges.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 91裸聊视频渁n absolute pit of despair and shame91裸聊视频� after the case was thrown out.

Prosecutors blamed factors including COVID-19 and the availability of Maclean91裸聊视频檚 lawyer for the delays and the failure of the case.

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

91裸聊视频淚 said 91裸聊视频榯his is on you,91裸聊视频�91裸聊视频� said Hatton, who now lives in Ontario with the couple91裸聊视频檚 two children.

None of the allegations in Hatton91裸聊视频檚 civil suit against Maclean have been proven or tested in court, and in his response, Maclean 91裸聊视频渄enies each and every allegation.91裸聊视频�

A 91裸聊视频楻EVOLUTIONARY91裸聊视频� RULING

The Jordan ruling imposed 91裸聊视频渁 presumptive ceiling91裸聊视频� of 18 months between charge and the actual or anticipated end of a trial in provincial court, and 30 months in superior courts.

Barring 91裸聊视频渆xceptional circumstances,91裸聊视频� exceeding those limits was deemed by the country91裸聊视频檚 top court to breach the Canadian Charter, which requires that criminal defendants 91裸聊视频渂e tried within a reasonable time.91裸聊视频�

Exactly how long 91裸聊视频渞easonable91裸聊视频� meant was unclear until the high court91裸聊视频檚 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, didn91裸聊视频檛 know just how significant it would be at the time.

91裸聊视频淟ooking back, it91裸聊视频檚 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,91裸聊视频� 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 91裸聊视频渄ial-a-dope91裸聊视频� 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 court91裸聊视频檚 decision in Jordan 91裸聊视频渃ompletely achieved its intended objective, which was to speed up criminal trials.91裸聊视频�

91裸聊视频淎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,91裸聊视频� he said.

91裸聊视频淚t was a chronic problem that existed in our system and Jordan was what we call in the law a 91裸聊视频榗larion call91裸聊视频� to change the culture that surrounded criminal trials.91裸聊视频�

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

91裸聊视频淭here91裸聊视频檚 just a greater confidence in the justice system when things are resolved more quickly,91裸聊视频� he said. 91裸聊视频淚 think it91裸聊视频檚 a net positive effect that the judgment91裸聊视频檚 had. It91裸聊视频檚 not without its controversy, but nothing that we do is without its controversy, frankly.91裸聊视频�

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 91裸聊视频減erfect storm91裸聊视频� of delays, and that 91裸聊视频渘ot one case should be dismissed this way.91裸聊视频�

The Jordan deadlines, he said, had been 91裸聊视频渧ery restrictive91裸聊视频� and 91裸聊视频渄evastating in other provinces.91裸聊视频�

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.

91裸聊视频淓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,91裸聊视频� the B.C. Ministry of Attorney General said in a statement.

91裸聊视频淲e have taken this issue seriously and invested in transforming processes and increasing resources to prevent judicial stays,91裸聊视频� the statement said.

In Maclean91裸聊视频檚 case, the B.C. Supreme Court found in August 2023 that his trial had been set 91裸聊视频渨ell beyond the Jordan limits,91裸聊视频� through no fault of the defence, nor any delay caused by COVID-19 interruptions of court operations.

91裸聊视频淚f the Crown had not failed in its disclosure obligations,91裸聊视频� the judge wrote, 91裸聊视频渢he matter would have likely concluded within the Jordan limits.91裸聊视频�

91裸聊视频楢 HUGE NEGATIVE IMPACT91裸聊视频�

Stacey Purser, a criminal defence lawyer in Edmonton, said Jordan had not resulted in the 91裸聊视频渃ulture of urgency that I think the Supreme Court was trying to create.91裸聊视频�

91裸聊视频淯nfortunately, I don91裸聊视频檛 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,91裸聊视频� she said.

Vancouver defence lawyer Kyla Lee, who specializes in impaired driving cases, said Jordan has had a 91裸聊视频渉uge negative impact on not just my practice, but the practice of law generally for criminal lawyers.91裸聊视频�

91裸聊视频淭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,91裸聊视频� she said. 91裸聊视频淚t comes up at every single appearance and it91裸聊视频檚 gotten to the point where the ceilings in Jordan are effectively being weaponized against accused individuals.91裸聊视频�

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 who91裸聊视频檚 to blame. Judges have to conduct 91裸聊视频渕icroscopic analysis91裸聊视频� to determine the length and cause of trial delays, Lee said.

91裸聊视频淚t has made everything far more complex, far more contentious, and it91裸聊视频檚 really done a disservice to the timely administration of justice because more court time is being taken up simply to address these issues,91裸聊视频� 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 91裸聊视频渄isgusting91裸聊视频� after having received assurances from prosecutors that the case would go ahead.

She said the only consequence against her ex-boyfriend 91裸聊视频� who was originally charged with assault causing bodily harm, uttering threats, obstruction and other offences 91裸聊视频� was a peace bond, and she left the country in fear of her safety.

91裸聊视频淭hat91裸聊视频檚 all they could offer me because they didn91裸聊视频檛 have time to prosecute my case,91裸聊视频� 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 91裸聊视频渉arrowingly similar91裸聊视频� to her own.

In her testimony, Alexander told members of the committee that the 91裸聊视频済overnment doesn91裸聊视频檛 care91裸聊视频� about survivors and victims of intimate partner violence.

91裸聊视频淲e, as Canadians, have Charter rights that are essentially a 91裸聊视频榞et out of jail free91裸聊视频� card for criminals, but what about survivors91裸聊视频� rights? Why are our Charter rights never accounted for?,91裸聊视频� she testified.

Like Hatton, she91裸聊视频檚 suing her ex-boyfriend because it91裸聊视频檚 91裸聊视频渢he only form of legal justice I have left,91裸聊视频� she told the committee.

Alexander testified to the committee again last week, telling members that Jordan timelines shouldn91裸聊视频檛 apply in cases of sexual assault or intimate partner violence.

91裸聊视频淭here should be no time limit or stay permitted with human-on-human crimes,91裸聊视频� she testified, later tearfully describing the Jordan rules as 91裸聊视频渟ickening91裸聊视频� and 91裸聊视频渢errifying.91裸聊视频�

Paisana said it was important to keep in mind the 91裸聊视频渂igger picture91裸聊视频� of Jordan, the importance of timely trials and the rights of accused persons who are presumed innocent until proven guilty.

91裸聊视频淚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,91裸聊视频� 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 91裸聊视频渉istory of abuse91裸聊视频� 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 91裸聊视频渟light bit of justice.91裸聊视频�

But she now lives in a state of hyper vigilance.

91裸聊视频淚 sleep with a golf club beside my bed,91裸聊视频� she said.

Darryl Greer, The Canadian Press