Source: National Post
Byline: Ian Vandaelle
British Columbia’s justice system is facing a tipping point, with a massive backlog that may see more than 2,500 cases thrown out of court. In this occasional feature on a complex issue, the National Post’s Ian Vandaelle takes a look at what went wrong:
How critical is the situation?
A: Pretty bad, says Samiran Lakshman, president of the B.C. Crown Counsel Association: “I’ve talked to people who have been working in the justice system for decades, and they say that they’ve never seen anything this bad.” Statistics bear him out: the number of cases stayed in the province because of unreasonable waits — typically, more than 18 months from charges being laid to trial date — nearly doubled from 2010 to 2011, jumping from 56 to 109. Mr. Lakshman says the courts are trying to keep up, but there’s simply not enough time. “Typically, courts set three to five times as many cases than they can [deal with] each day.” Wait times have also jumped: 16 months for a two-day case in Surrey and Chilliwack, 14 months in Vancouver and Port Coquitlam. The average is 11.2 months, according to a provincial court report, up from 8.7 months seven years ago.
What sort of cases are involved — petty stuff like traffic tickets?
A: Well, kind of. Administrators try to push more serious cases through to trial as soon as they can, says Eric Gottardi, spokesman for the criminal justice section of the Canadian Bar Association, but more and more serious cases involving deaths and sexual assaults are being tossed out. “It starts with the lower-end cases, but we’re starting to see more and more serious cases stayed, due to lack of resources,” he says.
Can you give me any examples?
A: Cory Sater, who faces several charges over the Feb. 19, 2011, deaths of Charlene Reaveley and Lorraine Cruz, could see his case thrown out because of delays. At present, he’s scheduled to stand trial next February. “It’s disgusting. It’s absolutely disgusting,” Dan Reaveley husband of one of the victims, told CBC.
How did it get this bad?
A: Mr. Lakshman says B.C. has seen this coming for some time. “It wasn’t overnight…. It was a gradual process over the last three years, and it was of no surprise to anyone,” he says. “Judges were retiring and not being replaced, and staff levels weren’t maintained.” Mr. Gottardi blames budget cuts. “The Crown’s budget has been slashed, the legal aid program has been severely underfunded; there just hasn’t been enough funding,” he says. “We need to be able to process [cases] and process them in a much quicker way.”
This is sounding worse by the minute. What is B.C. doing to fix this situation?
A: Nine new judges were appointed last week, with four being assigned to Greater Vancouver, two in Prince George, and one each in Penticton, Nanaimo and Smithers. Christy Clark, the B.C. Premier also announced a five-month review of the justice system to look at ways to increase efficiency. Mr. Gottardi said several possibilities were on the table. “The provincial government is looking for efficiency, and that’s a good place to start,” he says. “It’s a matter of getting more courtrooms open and being able to staff them, be it through night court, Saturday court or any number of options.”
Well, at least they’re trying to remedy the situation. Will it work?
A: Yes and no, says Mr. Gottardi, pointing out Bill C-10, the Harper Conservatives’ omnibus crime bill, will add to the pain. “The bill is going to create a very serious strain on the system, and push it to the brink of collapse,” he says. “If these are the kinds of reforms that B.C. wants, then they should be very aggressively going to Ottawa, demanding that the resources be provided.” Mr. Lakshman says without significant help, the pace of justice in the province will slow even further. “We can’t do business as usual under these circumstances, these cases cannot wait another day,” he says. “We need more resources, and we need them quickly.”