A full courtroom gallery of supporters and reporters listened intently this morning while Madame Justice Laura Bird read out her reasons for judgement on the motion of Michael Schmidt and Montana Jones, which was asking to have the CFIA’s case against them dismissed due to excessive delay. In short, Justice Bird did grant the requested dismissal of the case. Read the full “Reasons for Judgement” at this link.
While Justice Bird did attribute responsibility for eight months of the total 53 months delay to the defense, she concluded that the prosecution was primarily responsible for causing the delay through a failure to devote sufficient staff resources to getting the disclosure material out to the defense in a timely manner. Instead it dribbled out over the course of years, the last 5,000 pages of it arriving just in time for the scheduled start of pre-trial hearings in April of 2015.