» ‘System in shambles’ lets driver who killed pedestrian walk

Article content

There will be no kind of justice for an elderly pedestrian hit and killed by a vehicle just over 18 months ago in Toronto.

Article content

Article content

Article content

An alleged careless driver accused of killing the man has had his charges stayed because it took too long to get to trial in provincial offences court.

And Justice of the Peace Robert Shawyer, who ruled it had taken longer than the 18-month time limit – by just two weeks – to try Luciano Battiston, placed the blame on a “system in shambles.”

On Oct. 30, 2023, Shawyer said Battiston was turning left onto Dufferin St. from Ridelle Ave. – north of Eglinton Ave. W. – when he allegedly struck two pedestrians, with one eventually dying in hospital.

News reports at the time identified the victims as two men, aged 84 and 79, who were crossing Dufferin from east to west.

Battiston stayed at the scene and was later charged under the Highway Traffic Act with careless driving causing death and careless driving causing bodily harm. When Toronto Police swore the information on Nov. 2, 2023, the clock began ticking on the 18-month deadline set by the Supreme Court in the Jordan decision.

Article content

Article content

“The Jordan framework is like a timer that has been started in an action movie,” the JP wrote in his decision. “Once the clock has started it cannot be stopped unless either the correct wires have been cut (i.e. a plea is entered, a Court orders a withdrawal, or a Court orders a stay of proceedings) or the device explodes (a trial has started, all of the evidence has been led, closing submissions have concluded and the case is turned over to the trier of fact for a decision).”

After many delays and two trial adjournments while the defence awaited disclosure from the prosecutors – including more than a year for police to provide 54 audio tapes they recorded at the accident scene – the two-day trial finally started on March 21, 2025, just inside the 18-month ceiling.

Article content

But according to the ruling, the prosecutor had computer issues, delaying the start for two hours. Then the prosecution witness took longer than expected and it became clear a third day would have to be scheduled to finish the evidence and closing submissions – pushing them to 18.5 months.

The prosecutor tried to argue her connectivity issue was an exceptional circumstance that shouldn’t count against the deadline, but Shawyer disagreed, blasting the City of Toronto for not installing internet at any of its Provincial Offences courthouses – even at the newly-built St. Lawrence Market North on Front St.

Article content

“In this electronic age the State has an obligation to equip its courtroom with the required technology. If the State does not live up to that obligation, then it runs the risk of having prosecutions stayed if the lack of resourcing causes delay in prosecuting individuals in their Court system under 18 or 30 months as the case maybe.”     

In an earlier decision just a few weeks earlier, the JP turned down a defence request for a stay, finding they still had a chance of finishing within the 18 months. But Shawyer noted the POA (provincial offences act) prosecution system was “in shambles” – with no modern file management or proper disclosure software.

“Prosecutors are left managing their files and getting disclosure to defendants via a patchwork system that is held together by some ‘bailing wire and twine’ with a hope and prayer thrown in for good measure.”

Now, with this latest delay, the JP agreed Battiston’s Charter right to be tried within a reasonable time had been violated.

“Therefore,” he said, “a stay of proceedings in this matter is ordered.”

mmandel@postmedia.com

Article content