‘Shortage of judges harms the judicial process,’ says Dostaler

By LegalMatters Staff • The federal government’s slow pace in making judicial appointments is saving taxpayers millions of dollars, a Law360 article notes. It explains it took on average more than eight months to appoint judges to fill 349 superior court vacancies.

“As a result, we estimate the Canadian justice system was deprived of – and the federal treasury thereby ‘saved’ – approximately $168-million that would have been spent on hiring much-needed judges had the government filled most vacancies when they occurred instead of months later,” according to to the report.

Ottawa criminal lawyer Céline Dostaler says the price paid by those waiting for their case to be heard is immeasurably higher.

“It is an affront to all Canadians if Ottawa is delaying judicial appointments simply to save money,” she says. “After all, the right to a timely trial is enshrined in s.11(b) of the Canadian Charter of Rights and Freedoms.”

Dostaler says victims of crime, as well as those accused of criminal offences, are entitled to a speedy trial. 

“Like every other criminal defence attorney in Canada, I have witnessed how a shortage of judges harms the judicial process,” she says. “We cannot keep blaming COVID for delayed justice. Institutional issues, such as the shortage of judges, must be addressed.”

Dostaler explains courts adhere to the Jordan decision, which dictates that criminal trials must be completed in a reasonable time. It set that limit at 18 months for provincial court cases and 30 months for superior court trials.

“I will keep pushing for timely trials for my clients, but these requests always run up against other roadblocks, the manpower shortage across our judicial system being the prime one,” she adds.