Justice for this man has been delayed for 4 years. The holdup is ruining him
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Daniel Simpson feels like he is paying a high price for an alleged crime the law states should have been tried by now but won’t be for at least another six months.
“I feel like a statistic. I kind of feel like the judicial system or judicial authority system kind of failed me. I’m just here trying to survive,” he said from his home in Windsor, Ont.
Simpson is accused of speeding out of a parking spot and hitting a bylaw officer in June 2018 in Guelph. Police in the city charged him with dangerous driving, failure to remain at the scene of an accident, assault with a weapon (his vehicle) and resisting arrest.
The law says these types of charges, known as summary conviction charges, must be tried within 18 months. But it’s been almost four years and the next court date isn’t until June, 2022.
Daniel Simpson has been on trial for summary conviction charges for almost four years. The law says his trial shouldn’t have taken more than 18 months. 1:22
In that time, Simpson has lost his job as a personal support worker and is unable to get a new one because police record checks show the charges. This year he moved to Windsor to find cheaper accommodations because his savings were running out.
“That’s a hard pill to swallow, because you want to be like, is it because of the pending charges? But you don’t really get to ask that question [to employers] afterwards.”
Danardo Jones, an assistant law professor at the University of Windsor, said the length of time to process Simpson’s case is exceptional.
“It seems to me that that culture of complacency that the Supreme Court of Canada talked about in the Jordan [Law], is alive and well in this case,” he said.
A ruling by the Supreme Court of Canada in 2016, known as the Jordan Law, put a limit on how long a person has to wait to fight charges in court. For crimes considered by the provincial court, like in Simpson’s case, 18 months is the limit.
“The charges are serious, but not the most serious charges. These were not indictable offences. These were summary conviction offences. I’m surprised that the matter hasn’t come to completion as yet,” Jones said.
In our system, there are certain baked-in stereotypes. For certain racialized people.. the presumption of innocence is perhaps not as potent as it would be for other folks.– Danardo Sanjay Jones, assistant law professor, University of Windsor
Simpson’s lawyer, Stefan Peters said he will use the Jordan Law in court to try and have all the charges thrown out.
The bylaw officer allegedly hit by Simpson received medical attention and was released from hospital, according to Guelph police. CBC News has been unable to contact that person for comment.
Psychological impact of waiting
There are other factors Simpson says that are causing him stress. When he was arrested by Guelph police, a witness filmed the interaction which showed the officer pinning Simpson to a pole and later, holding him down in a bed of gravel.
The officer admitted to grabbing Simpson’s dreadlocks in a report to the Office of the Independent Police Review Director (OIPRD). The body however, found Simpson’s claim of police brutality to be unsubstantiated.
“I am a Black man, and I feel like the system is kind of against me,” he said.
He describes anxiety at a time when violence between Black men police have been front and centre. He says seeing the officer repeatedly as the case gets delayed is further trauma.
‘He has suffered enough’
Jones wonders if there are racial inequities at play and points to the experience of many Black and Indigenous people who, before Jordan’s Law was introduced, would wait long periods for justice.
“In our system, there are certain baked-in stereotypes. For certain racialized people, the presumption of innocence is perhaps not as potent as it would be for other folks.
“We know that Black and Indigenous people tend to be treated a lot less fairly in the criminal justice system.”
“Even if he is found guilty, he would have already suffered enough over the last three years. I can’t think of another penalty that you could impose on this young man, given what he suffered so far over the last three years,” he said.
“So this matter needs to be stayed, and this young man needs to be able to move on with his life.”
Simpson’s next court date is June 27th, 2022.
For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.
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