Supreme Court of Canada (SCC) Chief Justice Richard Wagner told Prime Minister Justin Trudeau a chronic shortage of judges in the federal court system is putting criminal trials at risk and could undermine public confidence. .“The current situation is untenable, and I am worried it will create a crisis in our justice system, which is already facing multiple challenges,” said Wagner in a letter to Trudeau obtained by Radio-Canada. .“Access to justice and the health of our democratic institutions are at risk.” .The letter said Wagner is concerned by the high number of vacancies in the superior and appeal courts — 85 empty bench positions out of about 1,200. It said several courts across Canada operate with 10% to 15% of their judicial positions vacant, and the process to fill them can take many months. .The letter went on to say the situation threatens to undermine Canadians’ confidence in the justice system and in all democratic institutions, as a growing number of criminal and civil cases are at risk of falling apart. .Wagner called it “imperative for the Prime Minister's Office to give this issue the importance it deserves and for appointments to be made in a timely manner.”.Courts have been required to deal with criminal cases within a period of 30 months unless there are exceptional circumstances since the SCC issued the ruling in R v. Jordan in 2016. .The letter continued by saying judges across Canada are being forced to prioritize certain cases to the detriment of others which should be heard. .Many chief justices have said as part of their efforts to respect the timelines prescribed by Jordan, they are forced to choose the criminal matters which deserve to be heard. Despite their best efforts, stays of proceedings are pronounced against people accused of serious crimes because of delays related to the shortage of judges. .For example, almost one-quarter of criminal cases in Alberta — most of them related to serious and violent crimes — exceed the 30-month timeline. Left unaddressed, the letter said the current situation could feed people’s cynicism about the justice system. .Without concrete efforts to remedy the situation, Wagner said Canada will “soon reach a point of no return in several jurisdictions.” He added the consequences will generate headlines and will be serious for democracy and all Canadians. .Citing examples from most provinces, the letter said many chief justice positions on provincial and appeal courts take an inordinate amount of time to fill. .It said the Canadian government is not the only player in the justice system. Provinces and territories have been underfunding courts. .One improvement it said could be made by the Canadian government right away is appointing more judges. .It praised the government for creating new judicial positions and for appointing high-quality candidates over the years, but insisted vacancies be filled quicker. .The letter concluded by saying the SCC recognizes the government made efforts to establish a more independent, transparent, and impartial appointment process for federal judges. .“It would be unfortunate if the failure to improve the pace of federal judicial appointments across the country were to ultimately discredit this process,” said Wagner. .The Prime Minister’s Office did not respond to the letter. .Instead, the Ministry of Justice and Attorney General responded by taking credit for appointing more than 600 judges since 2015 based on merit and in an effort to better reflect Canada’s diversity. .“We will continue to proceed with nominations at a steady pace and the number of vacancies will continue to fall,” said Ministry of Justice and Attorney General press secretary Diane Ebadi.
Supreme Court of Canada (SCC) Chief Justice Richard Wagner told Prime Minister Justin Trudeau a chronic shortage of judges in the federal court system is putting criminal trials at risk and could undermine public confidence. .“The current situation is untenable, and I am worried it will create a crisis in our justice system, which is already facing multiple challenges,” said Wagner in a letter to Trudeau obtained by Radio-Canada. .“Access to justice and the health of our democratic institutions are at risk.” .The letter said Wagner is concerned by the high number of vacancies in the superior and appeal courts — 85 empty bench positions out of about 1,200. It said several courts across Canada operate with 10% to 15% of their judicial positions vacant, and the process to fill them can take many months. .The letter went on to say the situation threatens to undermine Canadians’ confidence in the justice system and in all democratic institutions, as a growing number of criminal and civil cases are at risk of falling apart. .Wagner called it “imperative for the Prime Minister's Office to give this issue the importance it deserves and for appointments to be made in a timely manner.”.Courts have been required to deal with criminal cases within a period of 30 months unless there are exceptional circumstances since the SCC issued the ruling in R v. Jordan in 2016. .The letter continued by saying judges across Canada are being forced to prioritize certain cases to the detriment of others which should be heard. .Many chief justices have said as part of their efforts to respect the timelines prescribed by Jordan, they are forced to choose the criminal matters which deserve to be heard. Despite their best efforts, stays of proceedings are pronounced against people accused of serious crimes because of delays related to the shortage of judges. .For example, almost one-quarter of criminal cases in Alberta — most of them related to serious and violent crimes — exceed the 30-month timeline. Left unaddressed, the letter said the current situation could feed people’s cynicism about the justice system. .Without concrete efforts to remedy the situation, Wagner said Canada will “soon reach a point of no return in several jurisdictions.” He added the consequences will generate headlines and will be serious for democracy and all Canadians. .Citing examples from most provinces, the letter said many chief justice positions on provincial and appeal courts take an inordinate amount of time to fill. .It said the Canadian government is not the only player in the justice system. Provinces and territories have been underfunding courts. .One improvement it said could be made by the Canadian government right away is appointing more judges. .It praised the government for creating new judicial positions and for appointing high-quality candidates over the years, but insisted vacancies be filled quicker. .The letter concluded by saying the SCC recognizes the government made efforts to establish a more independent, transparent, and impartial appointment process for federal judges. .“It would be unfortunate if the failure to improve the pace of federal judicial appointments across the country were to ultimately discredit this process,” said Wagner. .The Prime Minister’s Office did not respond to the letter. .Instead, the Ministry of Justice and Attorney General responded by taking credit for appointing more than 600 judges since 2015 based on merit and in an effort to better reflect Canada’s diversity. .“We will continue to proceed with nominations at a steady pace and the number of vacancies will continue to fall,” said Ministry of Justice and Attorney General press secretary Diane Ebadi.
