My job as attorney general is to continually look for ways of improving our system of justice

The Ontario Criminal Lawyers' Association urged the province to abandon an appeal of a judge's ruling that stayed corruption charges against six former members of the Toronto police drug squad on the grounds the case was taking too long to come to trial. A group representing criminal lawyers in Ontario added its voice Tuesday to a chorus of demands for a public inquiry into how the provincial government bungled one of the largest cases of police corruption in Canadian history.
Superior Court Justice Ian Nordheimer stayed the charges last month, blaming the prosecution's "glacial pace" for violating the rights of the accused officers to a timely trial. Attorney General Chris Bentley launched an appeal of the stay last Friday.Political considerations, not the law, may have been the motive for Bentley's decision to appeal the ruling, said association director Peter Zaduk. The appeal has a limited chance of success, since Nordheimer was following well-recognized precedents, he added."This was a pretty clear case, but accepting that they do have an argument, it's a marginal, speculative argument. It's not outside the realm of possibility that political considerations may have been the deciding factor," Zaduk said."The Crown just didn't put forward anything in front of (Nordheimer) to justify any of these delays."Criminal lawyer Edward Sapiano, who alleged in 1999 that some Toronto cops were beating and robbing suspects and telling lies in court in order to obtain subpoenas to allow them to conduct illegal activities, said Tuesday the appeal should be abandoned."My personal opinion is that it's a no-hoper," he said.
"It's going to be really, really unfortunate if the attorney general spends more of our taxpayers' money, after delaying the proper inquiry still further, if they lose this appeal."Sapiano said the appeal allows the Liberal government to stave off a public inquiry, or any accountability for its actions, for at least two more years, even though Nordheimer directly criticized the Ministry of the Attorney General for the delay."The error that led to the staying of this prosecution, (that) type of error occurs over a long period of time. They had repeated warnings," said Sapiano.
"One must ask - what was the intention of the attorney general?"Ontario's justice system provides for the right of appeal, countered Bentley, who rejected suggestions Tuesday that the appeal was politically motivated.Bentley also dismissed the idea of a public inquiry, saying there have been many studies already and he'd rather get on with the job of making changes to the justice system instead of waiting for another report.
"My job as attorney general is to continually look for ways of improving our system of justice," Bentley said in an interview."I'll be making the necessary improvements to strengthen that independent system that we all cherish."
Conservative Leader John Tory called for an independent probe of allegations that the Crown or the ministry somehow dragged its feet and intentionally delayed the prosecution."I think the very fact that allegation is circulating is a reason why we need the public inquiry," Tory said."I think they can get on now with the public inquiry into certain aspects of the justice system not involving this case, while the appeal is pending, because there are lots of other instances."NDP Leader Howard Hampton also predicted the appeal's demise and suggested it was politically motivated."I think the announcement of an appeal was simply the (Liberal) government again trying to cover up the fact they've really blown it here," said Hampton.
"You need to have a public inquiry here because the police prosecution cases are the real test of the integrity of your justice system."Zaduk called it a "fundamental failure" of Ontario's legal system and warned it would likely have a "chilling effect" on anyone with legitimate complaints about police."It has to be a significant deterrent."

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