A key CBA advocacy item so far in 2017 has been court delays – including the urgent need for the federal government to fill judicial vacancies in order to reduce the trial backlog, especially in light of the Supreme Court’s decision in Jordan.
At the same time, in some quarters, preliminary inquiries are coming under fire, accused of being a contributing factor in court delays. The CBA disagrees with this position and has written to the federal Justice Minister to make a case for retaining preliminary inquiries.
This has meant CBA members, particularly President René Basque, have been called upon frequently since January to explain our position both to the federal government and to the public, through various media outlets. The Chair of the CBA National Criminal Justice Section bylined an op-ed in nationalmagazine.ca, and the Communications staff, along with Legislation and Law Reform staff, put together a Top 10 list of ways to reduce court delays which has been widely republished.
Quebec has seen a number of high-profile cases dismissed because of the time it took to bring them to court. In April, Quebec Branch President Stephane Lacoste wrote an op-ed published in Le Devoir asking readers to not blame judges and lawyers for delays that are resulting in the dismissal of high-profile cases.
And it seems that CBA appeals are not falling on deaf ears. Justice minister Jody Wilson-Raybould, writing in Le Devoir just a few days later, said the problem of court delays has been a growing concern for more than 30 years, and its solution must be found by the federal, provincial and territorial governments working together. She noted that the problem of court delays is too complex to be solved by simply filling vacant seats on the bench – and it’s further complicated by fact that every province has its own specific issues.
“As the Supreme Court itself said in its Jordan decision, a cultural change is needed at the heart of the criminal justice system to end our complacency about court delays,” Wilson-Raybould wrote. “It will take a new approach by all stakeholders.”
President Basque sent a letter to the federal, provincial and territorial justice ministers ahead of their meeting on April 29 urging quick action on judicial appointments, and a cool head on preliminary inquiries. He also offered up the CBA’s Top 10 list as a guideline.
“The Supreme Court’s decision in Jordan has put the spotlight on a long term problem across Canada. The decision highlights the need for a thorough, evidence-based approach to criminal justice law reform, using a variety of approaches as suggested in our ‘Top 10 Ways to reduce court delays’ list,” he wrote.
“Since the decision, fears have been escalating about a landslide of serious charges being stayed and accused people being released with impunity. This legitimate public concern about delays in criminal court has led to reopening the preliminary inquiry debate. We believe that any evidence linking court delays to the preliminary inquiry is speculative at best.”
The ministers agreed a collaborative approach was necessary to deal with the problem quickly. They identified several policy areas for greater study, a number of which are part of the CBA’s Top 10 list.
Deputy ministers will meet in June to focus on legislative changes, the ministers said after the meeting, and then the ministers have moved their previously scheduled October meeting to September in recognition of the urgency of the situation.
The CBA said in a statement that it believes that it will take the combined efforts of the federal, provincial and territorial governments, together with other stakeholders in the criminal justice system, to achieve meaningful and effective change, and it looks forward to contributing substantively to the discussion.