Car theft has been in the news lately. Recently the federal government convened a “national summit meeting” on the issue. Ironically, the case against a Montreal auto-theft ring was thrown out by a judge shortly after the summit. Why? Because the charges laid in 2021 had taken too long to make their way to court. In R v Jordan, the court determined that criminal trials should be completed within 18 months at the provincial level, and 30 months at the federal level.
Section 91 of the Constitution gives the responsibility for criminal law to the federal government. Federal courts, and Superior courts in the provinces, have judges appointed by and paid by the federal government.
The trial process became more complicated after the introduction of the Charter in 1982. Charter challenges lengthened proceedings. COVID-19 made things worse. However, many lawyers are complaining that the number of judges appointed hasn’t kept pace with retirements for some years. In May, 2023, the Chief Justice wrote to the Prime Minster asking him to increase the pace of judicial appointments. Such a request is without precedent.
On February 13th, 2024, the CBC reported that, “A scathing Federal Court decision says Prime Minister Justin Trudeau and the federal justice minister have "failed" Canadians seeking timely justice by letting the number of judicial vacancies reach a state of crisis.” At that time there were 75 vacant federal positions.
Cases being thrown out because of delays undermines faith in the system. Victims of crime have their anguish compounded when the accused are set free without trial. This is another area where the federal government is not meeting their constitutional responsibilities.