Ottawa – Offenders found guilty of heinous crimes like murder or child sexual assault can have, and recently have had, their convictions totally erased and can roam Canada’s streets with impunity as a direct result of court rulings that their trials took too long to complete. Similarly, persons accused of those same crimes can have their charges dropped because their trials would take too long to complete.

Meanwhile, courts are packed with accused persons suffering from addiction and mental health issues, and there are insufficient resources to allow Indigenous accuseds — already grossly overrepresented in Canada’s jails and prisons — to get the support the law demands they receive.

Change is desperately needed.

After an extensive review and hearings across Canada involving interviews with judges at all levels of court, Crown lawyers, defence lawyers, the police and those affected directly by the criminal justice system, the Senate Committee on Legal and Constitutional Affairs has released a comprehensive report with 50 recommendations to alleviate the strain on our court system. 

Court delays have been a problem for decades but a 2016 decision from the Supreme Court of Canada brought matters to a head with the establishment of time limits for cases from the laying of charges to the end of trial. Delay exceeding these limits is presumed to be unreasonable and a violation of an accused’s right under the Canadian Charter of Rights and Freedoms to be tried within a reasonable time.

The Supreme Court allowed for so-called “transitional provisions” before the full implementation of the time limits to prevent a massive number of stays from taking effect. These provisions run out for provincial courts in January 2018, at which time the flood gates will open for tens of thousands of stays — unless the federal government acts on the committee’s recommendations.

Under Canadian law, a stay of proceedings is the only remedy available to a court which finds a breach of the Charter right to be tried within a reasonable time. The committee concludes that the entry of stays of proceedings for those persons already convicted of a heinous crimes like murder or child sexual assault — or who have been charged but whose trials have not been completed — shocks the conscience of the Canadian community and brings the administration of justice into disrepute.

The committee has concluded that stays should not be the only remedy available for unreasonable delays, and recommends that remedies like adjusting sentences and allowing for costs be codified. The committee recommends that the Attorney General of Canada refer these proposed changes to the Supreme Court to confirm their constitutionality.

Other key recommendations include:

• The lack of robust case management is perhaps the most significant cause of delays. Judges need to improve case management, for instance by imposing deadlines and challenging unnecessary adjournments.
• Judicial vacancies are needlessly contributing to delays. The federal government should appoint Superior Court judges on the day of retirement of a judge.

Quick Facts

• In v. Jordan, the Supreme Court said the delay between the laying of charges to the end of trial is presumed to be unreasonable if it exceeds 18 months for provincial court cases and 30 months for superior court cases. The decision decried the justice system’s “culture of complacency.”

• The committee heard evidence that the median length of time to complete a criminal case in Canada is five to 10 times longer than in similar jurisdictions in the United Kingdom and Australia.

Quotes

“Behind every unreasonable court delay are people whose grief, anxiety and pain are vivid and real. Delays are particularly devastating for victims when a judge orders a stay of proceedings. Inefficient court operations have damaged the public’s faith in the justice system and the time for the government to act is long overdue.”

- Senator Bob Runciman, Chair of the committee.

“We have trials in Canada costing taxpayers millions of dollars in which our courts are simply sawing sawdust — pursuing over-charging and convictions on minor matters while convictions for murder and child sexual assault get overturned because our courts are just too busy to try accuseds in a reasonable time. We should introduce costs in criminal proceedings and prothonotaries, not judges, to decide pre-trial and minor matters. It takes five to ten times longer to conduct a criminal trial in Canada than it does in the U.K. or Australia. Canadians are demanding solutions, not complacency.”

- Senator George Baker, P.C., Deputy Chair of the committee.

Associated Links

• Read the report, Delaying Justice is Denying Justice: An urgent need to address lengthy court delays in Canada.
• Read the committee’s interim report.
• Follow the committee on social media using the hashtag #LCJC.
• Sign up for the Senate’s eNewsletter.

For more information, please contact:

Sonia Noreau
Media Outreach Coordinator
Senate of Canada
613-614-1180 | sonia.noreau@sen.parl.gc.ca