Court Stays Criminal Charges Against Ismet Bajcinca Due to Unconstitutional Delay

Ontario Court of Justice Rules in Favor of Defendant Under Section 11(b) of the Charter

MILTON, ONTARIO, CANADA, November 3, 2025 /EINPresswire.com/ — In a significant and impressive ruling, the Ontario Court of Justice has stayed all criminal proceedings against Ismet Bajcinca, citing an unconstitutional delay in bringing the case to trial. Defence Counsel, Jag Virk was able to bring a strong challenge, arguing that the criminal proceedings against Ismet Bajcinca (Information Number: 9982212102078) were an unconstitutional delay under section 11(b) of the Canadian Charter of Rights and Freedoms. The decision, issued by Justice S.N. Latimer found that the delays in disclosure and case management resulted in a net delay of over 24 months—far exceeding the 18-month ceiling established in the landmark Supreme Court decision R. v. Jordan.

Bajcinca was charged on September 21, 2022, with multiple counts of possession of stolen property in a suspected chop shop. However, despite the investigation being largely completed at the time of arrest, disclosure was provided in a slow and unjust manner, contributing to the prolonged delay. The anticipated trial, which was set for December 2024, would have occurred more than two years after charges were laid, leading the court to conclude that Bajcinca’s right to a timely trial had been violated.

“The predominant reason for the inordinate delay in this proceeding was the Crown’s complacent approach to disclosure and case management,” stated Justice Latimer in his decision.

Key Findings of the Ruling:

● Excessive Delay: The total delay from charge to anticipated trial conclusion was 818 days (over 26 months), exceeding the legal limit.
● Crown’s Responsibility: The court found that the Crown failed to ensure timely disclosure, which significantly stalled the pre-trial process.
● Systemic Issues: The ruling highlighted broader inefficiencies in the Ontario justice system, including staff shortages and ineffective scheduling practices.
● No Justification for Delay: The Crown did not argue that the case was complex or involved exceptional circumstances, further solidifying the decision to stay the proceedings.

This decision underscores the ongoing challenges within the criminal justice system, even post-Jordan, where cases continue to experience significant delays due to systemic inefficiencies. Justice Latimer emphasized the need for improved case management practices and the role of newly implemented judge-led Intensive Case Management Courts in addressing delays.

Final Ruling:

● Justice Latimer ruled that the delay violated Bajcinca’s Charter right to be tried within a reasonable time.
● As a result, all charges were stayed, meaning the case was effectively dismissed. The Supreme Court of Canada established strict time limits for trials in R. v. Jordan (2016):
● 18 months for cases in provincial courts.
● 30 months for cases in superior courts.

If these time limits are exceeded, a stay of proceedings is the default remedy unless the Crown can prove “exceptional circumstances” justified the delay. In R. v. Bajcinca, Jag Virk was able to show no such justification was provided, leading to the case being stayed.

A Notable Legal Victory for the Defence Led by Jag Virk

Successfully arguing a Section 11(b) Charter application is a challenging and rare achievement for defence counsel. In this case, Bajcinca’s legal counsel, Jag Virk, meticulously documented the systemic delays, effectively demonstrating that the Crown’s approach to disclosure and case management was unreasonably slow. Their ability to hold the justice system accountable underscores the importance of strong advocacy in ensuring that defendants’ rights are upheld.

Jag Virk was able to highlight ongoing challenges in Ontario’s criminal justice system, including slow disclosure processes and inefficiencies in case scheduling.

About Jag Virk

Jag Virk is one of Ontario’s leading Criminal Defence Lawyers with over 15 years of experience in the legal field. He is known for his fierce advocacy and in-depth understanding about the Ontario legal system, which helps secure the best possible outcomes for his clients.

Jag is the founder of Jag Virk Criminal Lawyers. His team of skilled lawyers is committed to defending their clients’ rights and handles a wide range of criminal charges across Ontario. From arrests, bail hearings, trials, and appeals to 524 applications and resolution meetings, Jag Virk and his team provides a strong and strategic defence at every stage of the legal process. Jag Virk Criminal Lawyers offers 24/7 support. For more details, visit jagvirklawyers.com, or call 416-619-0437 or email office@jagvirklawyers.com.

Jag Virk
Jag Virk Criminal Lawyers
+1 416-619-0437
office@jagvirklawyers.com

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