LONG ROAD TO JUSTICE

ASenate committee has laid out dozens of recommendations for how the federal and provincial governments can address serious court delays. If everyone agrees to follow them, the problem may be solved.

But not quickly. Nothing, short of a climbdown by the Supreme Court of Canada, will immediately stop some people who face serious criminal counts from walking free as charges against them are stayed due to the long delays they face in the justice system.

The Senate legal and constitution affairs committee’s top suggestion is that the federal government legislate alternative remedies for trials that take too long, other than staying charges, then run these suggested remedies by the top court to ensure they’re constitutional.

This is an interesting idea but a bit tricky: In 1987, the Supreme Court said that when a court delay violates the right to a swift trial, the only possible fix is to stay the charges. To allow a trial to proceed “would be to participate in a further violation of the Charter,” the court wrote. Staying a charge means the accused walks free, even if the charge is something serious such as murder. Last summer, in a case called Jordan, the Supreme Court set firm limits on how long criminal trials can take. Above those limits, a violation of the accused’s right to a speedy trial is presumed and the case is stayed.

The Jordan ruling led to several abrupt stays of charges, including first-degree murder charges against Ottawa man Adam Picard.

On Friday, the Supreme Court ruled on a different case, called Cody, based on a long trial delay for a man who faced drug-related charges. In a unanimous ruling, the court threw the charges out, upholding Cody’s right to a trial within a reasonable time.

The government should move on those reforms suggested by the Senate committee that will make an impact, such as actually appointing judges to the 53 federal judgeships that are vacant.

Meanwhile, there is a responsibility among governments, judges, court staff, Crowns, defence and police, to try to move trials — and reform — along. The federal, provincial and territorial justice ministers need a clear plan when they meet in September. More money is needed too: triaging and managing court cases adds costs. So do attempts to address many causes of crime, such as poverty and addiction.

There’s no quick fix. But the Senate has provided a map toward an eventual solution. Governments should follow it.