Christina and Troy Durocher are still struggling to understand how the legal system handled the death of their son two and a half years ago.

Bailey Durocher, 24, was killed June 17, 2022, after Luciano Da Silva, then 62, reversed Bailey’s motorcycle on Highway 6 in Durham, killing him at the scene.

According to an agreed statement of facts, Da Silva failed a traffic stop after police smelled alcohol on his breath. He was arrested and taken back to the Markdale OPP detachment, where breath samples revealed two garbled readings of 80 milligrams of alcohol in 100 ml of blood.

Da Silva was charged with operating while impaired, operating while impaired with a blood alcohol level greater than 80 mg and two counts of operation resulting in death.

Legal delays

More than a year later, the Durochers were informed that Da Silva’s case could go to trial, but in March, everything changed.

“The prosecutor informed us that the defense had offered them a deal, that he would plead guilty, but that he wanted a suspended prison sentence of two years, to which we were very adamant, no, that’s not the case. is not acceptable,” said Christina Durocher. . “At that meeting we were informed of the potential risk. We said ‘what risk’ because we were told from the start that this was a very strong case.”

The risk was that the charges against Da Silva were close to violating trial deadlines set in a 2016 Supreme Court ruling.

The R. v. decision Jordan established that criminal cases that exceed the time limits of 18 months for provincial cases and 30 months for superior court cases, may be suspended in the event of unreasonable delay.

While the Durochers were adamant that they did not want the Crown to accept a plea, Da Silva pleaded guilty earlier this summer to only one of his original charges, surgery causing death.

He was placed under house arrest as part of his suspended sentence of two years less a day last month.

“My son had the right to live,” an emotional Christina Durocher told CTV News. “The accused took it straight away, but he enjoys all his rights.”

Systemic issues

Cases are on hold across the country for a variety of reasons, according to independent criminal lawyer Ari Goldkind.

Goldkind said it’s not uncommon for plea deals to be reached when charges are at risk of being stayed.

“This continues to be a very sore point for the public when they continue to see cases dismissed,” Goldkind said.

Suspension of charges linked to the judicial backlog, in particular the lack of judges.

Goldkind says that in big cities like Toronto, lawyers and courts have taken it upon themselves to ensure that trials happen in a timely manner. However, in smaller communities, courts can still lag behind significantly.

“For every judicial appointment that goes unfilled, you end up with courtrooms that are not being used, cases that are not being heard,” Goldkind added.

New appointments

On Friday, the federal government announced the appointment of two new judges to the Ontario Superior Court.

In a statement to CTV News from the attorney general’s office, the federal government said it has added 116 new positions to the superior court since 2016 and several new reforms to speed up the trial process.

“While these comprehensive reforms and investments aim to strengthen and modernize our criminal justice system, we recognize that there is still work to be done, particularly at the provincial level,” he said.

“Delays in the justice system have many causes. Judges cannot sit without adequate provincial courtrooms and support staff. Trials do not take place if provincial prosecutors and defense lawyers are not available. Judicial resources and planning processes must be modernized, using technology and all available tools. As leading judges have observed, trials are taking longer than ever, and lawyers must do their part to streamline and prioritize how they use court time. »