Manitoba

Crown to appeal precedent-setting traffic ticket ruling

The Crown intends to appeal a decision by Manitoba Judge Mary Kate Harvie in May in which she threw out a speeding ticket because of unreasonable court delays.

Judge Mary Kate Harvie called 18-month wait for court date to fight ticket 'unreasonable'

The Crown said it will appeal a Manitoba Court judge's decision in May which through out a traffic ticket because the accused had to wait an unreasonable amount of time to fight their ticket in court. (CBC)

The Crown intends to appeal a decision by Manitoba Judge Mary Kate Harvie in May in which she threw out a speeding ticket because of unreasonable court delays.

In October 2014 a photo radar investigation accused a Winnipeg woman of speeding near the corner of Bedson Street at Assiniboine Grove.

The woman entered her not guilty plea Dec. 18, 2014 and then waited more than a year — 18 months to the day after the alleged speeding incident.

In her decision Harvie said a reasonable time to wait for a court date is four to six months after entering a plea.

Harvie described the accused's delay "unreasonable" and her Charter rights had been violated.

One week later, a second Manitoba judge threw out a similar case although photo radar was not involved in the investigation.

Judge Cynthia A. Devine found Winnipeg driver Justin Segodnia's 19-month wait to fight a speeding ticket was also an "excessive delay."

The Crown is attempting to appeal only Harvie's decision at this time.

now