B.C. prosecutors are appealing a Vancouver Island sexual assault case dismissed over delays, arguing the trial judge erred in calling the delays unreasonable.

B.C. prosecutors have launched an appeal after a Vancouver Island sexual assault case was thrown out last month due to what the court deemed “unreasonable delays.” The case, originally set in Duncan Provincial Court, involved serious allegations, including sexual assault causing bodily harm and assault.

The accused, whose identity is protected by a publication ban, was arrested in July 2023.

Trial Delays Deemed Unreasonable Under Supreme Court Guidelines

The dismissal was based on the 18-month “presumptive ceiling” for provincial court trials established by the Supreme Court of Canada. Judge Ted Gouge ruled that the prosecution had exceeded this timeframe without attributing the delay to the defence.

Gouge noted that the prosecution’s case should have been brought to trial by late March 2025, and that the Crown failed to justify the lengthy timeline.

Disclosure Dispute at the Heart of the Delay

One of the central issues in the case involved the disclosure of several thousand text messages exchanged between the two complainants after the alleged assault on June 30, 2023. These messages were considered by the defence to be critical to the credibility of the allegations.

Judge Gouge ordered disclosure of the texts in January, but noted in his ruling that the material remained incomplete even into late that month.

Some of the messages reportedly referenced the complainants’ alcohol consumption on the night in question and their memory of the events, along with discussions about possible legal remedies and conversations with police.

Crown Seeks New Trial Amid Legal Pushback

The Crown’s appeal argues that the judge erred in deeming the delay unreasonable and is now seeking a new trial on the same charges.

In a separate legal move, a lawyer for one of the complainants applied to the B.C. Supreme Court to quash the order for full text message disclosure, further complicating the case. That lawyer declined to comment on the ongoing appeal, and no response was received from the second complainant’s legal counsel.

Broader Implications for Justice and Timeliness

The case highlights the ongoing challenge within Canada’s criminal justice system to balance timely trials with comprehensive disclosure—especially in sensitive cases like sexual assault. While the defence argues that the delays and disclosure gaps undermine fairness, the Crown believes justice demands a retrial.

As the appeal proceeds, the case continues to raise critical questions about procedural fairness and victims’ rights in Canada’s court system. Stay tuned to Maple News Wire for updates on this developing legal story.

Quebec sees asylum claims double as U.S. moves to strip protections from migrants. Experts say fears of a mass influx are exaggerated.

Quebec Border Sees Asylum Claims Surge Amid U.S. Policy Shift

Asylum claims at the Saint-Bernard-de-Lacolle border crossing in Quebec more than doubled between March and April, coinciding with U.S. efforts to revoke legal protections for hundreds of thousands of migrants. According to the Canada Border Services Agency (CBSA), 2,733 people made asylum claims in April—up from 1,356 in March and just 755 in February.

This sudden spike is drawing attention, especially as it diverges from a broader national decline in refugee claims across Canada this year.

Trump’s Crackdown Fueling Fear—But Not Floods

The surge follows U.S. President Donald Trump’s push to end Temporary Protected Status (TPS) for nearly 1.1 million people, including 600,000 Venezuelans and 500,000 Haitians. TPS allows migrants to legally live and work in the U.S. if their home countries are considered unsafe due to crises like war or natural disaster.

While the increase has raised concern in Canada, experts like Abdulla Daoud, executive director of Montreal’s Refugee Centre, caution against panic. “There is a fearmongering narrative around these numbers,” he said. “This is not a mass influx.”

Not a Repeat of Roxham Road Era

Daoud pointed out that the current wave of asylum seekers is different from the Roxham Road era, when thousands entered Canada through a now-closed loophole in the Safe Third Country Agreement. That path was closed in 2023, and today’s arrivals are often people with deep U.S. ties or family already in Canada.

“These aren’t transient migrants,” Daoud noted. “Many have been in the U.S. for years and are choosing Canada now because they have connections here.”

Safe Third Country Agreement Still Limits Entry

Despite the rise in claims at this single Quebec crossing, overall refugee claims in Canada have dropped nearly 50% compared to last year. The CBSA has processed around 12,500 asylum claims in 2025 to date, down from 25,500 at the same time in 2024.

The Safe Third Country Agreement between Canada and the U.S. continues to bar most migrants from claiming asylum in Canada if they arrive from the U.S. Only certain exceptions—such as having a close family member in Canada—allow entry.

So far this year, 1,439 asylum seekers have been returned to the U.S. under that agreement.

Pushback in the U.S. and Growing Canadian Removals

The Trump administration’s attempt to roll back TPS has already been temporarily halted by a U.S. federal judge, who ruled that revoking protections for 350,000 Venezuelans would cause major disruptions. Still, the U.S. Justice Department is appealing to the Supreme Court to lift that block.

Meanwhile, Canada is increasing removals of inadmissible individuals. The CBSA says over 16,000 people were removed from Canada in 2023–24, more than double the number in 2021–22.

No Mass Migration, But Watchful Eyes Remain

While Quebec’s April border numbers raise eyebrows, experts and officials say they don’t signal a flood of migrants into Canada. Most new claimants are seeking protection lawfully and under existing exceptions.

As policy shifts continue on both sides of the border, Canada remains vigilant. Stay informed with Maple News Wire for more updates on immigration, asylum, and border trends.

After two failed attempts and weeks in U.S. detention, an El Salvadoran mother and her daughters are finally allowed to seek asylum in Canada.

As the morning sun broke over the Rainbow Bridge in Niagara Falls, Aracely Serrano took her third—and most critical—walk across the U.S.–Canada border. With her daughters Madelin, 14, and Itzayana, 4, by her side, she stepped forward with hope and exhaustion in equal measure.

“We don’t have to live with this fear anymore,” Serrano said, carrying the weight of her family’s months-long ordeal.

From El Salvador to Detention Cells in the U.S.

Originally undocumented residents of New Jersey, the Serrano family fled to Canada in March to escape fear and instability amid heightened immigration crackdowns in the U.S. They attempted to claim asylum under an exception to the Safe Third Country Agreement, citing a Canadian citizen brother as their anchor.

However, Canadian border officials doubted the legitimacy of the documents presented. The family was denied entry and sent back to the U.S., where they were confined in a windowless holding cell for two weeks, despite such cells being designed for stays under 72 hours.

Itzayana, just four years old, often woke up crying from nightmares.

Legal Support and a Third Attempt to Cross

While detained, Serrano’s brother Israel contacted the Canada-U.S. Border Rights Clinic, eventually connecting with Ottawa-based immigration lawyer Heather Neufeld. Neufeld challenged the CBSA’s rejection in Federal Court.

Last week, the tides turned. Immigration, Refugees and Citizenship Canada agreed to allow Serrano and her daughters to re-enter and make their asylum claim. “I think finally the government has recognized they made mistakes,” Neufeld stated.

A Long Day at the Border—and a New Beginning

On their third attempt, the family faced yet another round of questioning at the Canadian port of entry. Tension mounted as hours passed. “There was a lot of scrutiny,” Neufeld recalled.

Finally, at 3 p.m., nearly six hours after entering the customs building, Serrano and her daughters were granted permission to stay and file their claim. By 9 p.m., they emerged into the cool Niagara night—and into the arms of their waiting family.

“When they said ‘Welcome to Canada and good luck with your new life,’ I felt immense joy,” Serrano said through tears. “My daughters gave me strength.”

A Family Still Divided, But Not Without Hope

Serrano’s common-law husband, Marcos Guardado, was not as fortunate. While she and her daughters were released on April 1, Guardado remains in a U.S. immigration detention centre in Batavia, N.Y., pending a deportation hearing in June.

Neufeld is now working to secure his release on bond in hopes he can reunite with his family and join them in Canada’s asylum process.

From detention to determination, the Serrano family’s journey is far from over—but for now, they’ve found refuge. Stay tuned to Maple News Wire for the latest updates on immigration and human rights stories across North America.