3 men accused in Montreal car theft ring walk free due to court delays
Even though authorities are trying to crack down on car thefts in Montreal, three men accused of operating a luxury car theft ring in the city walked free last month because it took too long for their case to go to trial.
In a ruling handed down by the Court of Quebec, Justice Salvatore Mascia said he "had no choice" but to issue a stay of proceedings against Obeida Borghol, James Rizk and Ali Trad.
The trio was set to go on trial on May 6, 2024, after being charged in 2021 following a month-long investigation by several Montreal police officers.
However, the judge said the time it took for Crown prosecutor to move the case forward through the justice system was unreasonable and violated the accused's Charter right to a speedy trial.
Justice Mascia underlined how "regrettable" his decision was because investigative efforts by Montreal police were wasted.
"Not without concern, car theft has become a scourge throughout the country and particularly in the City of Montreal," he wrote in his Jan. 22 decision.
The ruling comes as the federal government and local police are taking steps to address rising concerns about car theft, particularly in hot spots like Montreal.
The three men were allegedly part of a "simple but structured" car theft operation.
According to the investigator, they would rent high-end vehicles from car rental companies, install a GPS tracking device and make a copy of the key.
Then, when another customer rented the vehicle, the alleged thieves would track its location and steal it, according to the judgment.
The vehicles that were targeted include Jeep Grand Cherokees, Dodge Durangos, Toyota RAV4s and a Hyundai Tucson.
Extensive police work was involved, including several hours of on-the-ground surveillance, collaboration with police in Ontario, at least six warrants to obtain cellphone records and seizing surveillance video footage.
The prosecution relied on two arguments to justify the delay: the case was overly complex and was affected by a backlog of cases due to the pandemic.
However, the judge ruled that "the case was mishandled at the very beginning of the proceedings," and that while the COVID-19 health crisis did have a domino effect on delaying court cases over the years, the Crown failed to make sure this case didn't fall through the cracks.
"The Court is of the opinion that the backlash effect of COVID-19 cannot continue to serve as a blanket exemption justifying the delays in the case at hand," wrote Justice Mascia, adding, "there must come a time when the pandemic can no longer be considered an exceptional circumstance."
Cases must be completed in provincial courts within 18 months, according to the limits established by the Supreme Court of Canada's landmark ruling in 2016, known as the Jordan decision.
When subtracting the length of delay attributed to the defence in the case of Rizk, the court is left with a delay of 1,101 days — more than twice the limit set by the Jordan decision.
The defence delay was calculated at 286 days combined for the other two accused, leaving an overall delay of 815 days, which exceeded the limit by nearly eight months.
Last week, Quebec provincial police said a new mixed police squad recovered 53 stolen vehicles at the Port of Montreal after searching 26 shipping containers.
Officers note that stolen cars often end up there before being shipped overseas.
Earlier this month, the federal government announced $28 million to fight the export of stolen vehicles by giving the Canada Border Services Agency more resources to detect and search containers.
CTVNews.ca Top Stories
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
'Summer of discontent': Federal unions vow to fight new 3-day a week office mandate
Federal unions are launching legal challenges and encouraging public sector workers to file "tens of thousands" of grievances over the new mandate requiring federal workers to return to the office at least three days a week in the fall.
Watch fighter jet pilots pummel fake enemy ship off coast of Philippines
The United States and Philippines held annual joint-training drills just off the Southeast Asian nation’s western coast on Wednesday. Military forces sunk a 'mock' enemy warship – the BRP Lake Caliraya, which was a decommissioned tanker made in China.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his head more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
'Ozempic babies': Reports of surprise pregnancies raise new questions about weight loss drugs
Numerous women have shared stories of 'Ozempic babies' on social media. But the joy some experience in discovering pregnancies may come with anxiety about the unknowns.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.
OPINION What King Charles' schedule being too 'full' to accommodate son suggests
Prince Harry, the Duke of Sussex, has made headlines with his recent arrival in the U.K., this time to celebrate all things Invictus. But upon the prince landing in the U.K., we have already had confirmation that King Charles III won't have time to see his youngest son during his brief visit.
TSB concludes investigation into cause of London, Ont. freight train fire
More than two weeks after a freight train with several railcars ablaze rolled through the heart of the Forest City, the Transportation Safety Board (TSB) has concluded its investigation.