Immediate action needed in stayed cases ‘crisis’

Adangerous deadline is either approaching, or has passed, for about 20 per cent of criminal cases before the courts in Ottawa. It was set last summer by the Supreme Court of Canada, which said cases in provincial court must be resolved within 18 months of a criminal charge being laid.

The ruling has been a brutal wake-up call to the justice system. In Ottawa, already, a former soldier has had his first-degree murder trial stayed because the case went on too long; in another instance, a father charged with breaking the ankles of his two-week old son was freed.

A new analysis for the Citizen’s Andrew Duffy shows that, at the end of 2016, 11 per cent of criminal cases in provincial court in Ottawa had been ongoing for more than 18 months, and another 10 per cent had been in the system for more than 15. Since almost all criminal charges are tried in provincial court (the deadlines are more lenient for superior court), hundreds of stays could soon be granted. Members of a Senate committee studying court delays call it a “crisis.”

The problem is Canada-wide: Alberta, for instance, is already ordering its prosecutors to follow a “triage protocol” in which they take a hard look even at serious criminal charges if they don’t feel confident of getting a conviction.

There are myriad reasons for bottlenecks in criminal proceedings, but the public shouldn’t have to be patient about them. Government’s most important function is public safety, which means not only professional police forces, but a well-functioning court system. If our provincial and federal leaders can’t get that job right, why would citizens trust them to administer any other program?

In addition, this is not the first time Canada’s top court has warned about delays. Twenty-six years ago, after a ruling known as Askov, more than 47,000 cases were tossed out in Ontario courts alone because the charter right to trial within a reasonable period was not respected.

Provincial and federal attorneys general are seized with the issue, but it’s not clear they all understand the urgency of safeguarding the reputation of our justice system. Pressed at a Senate committee Thursday to act now, federal Justice Minister Jody Wilson-Raybould repeated talking points about studying the bail system, overhauling how judges are appointed to ensure diversity, reforming sentencing and boosting information technology.

Laudable goals, to be sure. But they won’t be enough if many more accused killers or rapists see charges stayed. Canadians deserve more immediate action.