In a significant move on Tuesday, Canada’s Federal Court ruled that the Prime Minister and Minister of Justice violated their duties by failing to appoint judges in vacant positions across superior courts in a timely manner. Federal Court Justice Henry Brown stated that this failure restricts Canadians’ constitutional right to access justice without delay.
Noteworthy in the case was the involvement of Yavar Hameed, an Ottawa-based human rights lawyer, who argued that these delays in appointing judges have created significant obstacles to litigation proceedings for his clients. His experience supports the court’s finding that delays in filling judicial vacancies contribute to longer resolution times for criminal and civil cases. Particularly concerning is the Court of King’s Bench in Alberta where more than 22% of ongoing criminal cases exceeded the 30-month window typically set for prosecuting criminal cases. A striking 91% of these cases involve serious and potentially violent offenses, such as sexual assault and murder.
According to the Canadian Charter of Rights and Freedoms, a defendant’s right to a timely trial is not merely a suggestion, but a guaranteed civil liberty. Detrimental effects of violating this right include unnecessarily extended pre-trial detention, increased stress and stigma to the accused, and potential challenges in building a solid defense due to memories fading, witnesses becoming unavailable, and evidence degrading over time.
The court’s decision also pointed to a report produced by the Advocates’ Society in 2023, which highlighted the implied prioritization of criminal cases over civil cases due to the urgency in resolving the former. In some cases, it took civil trials nearly two years to begin in regions like Ontario and Quebec. This cascading delay in receiving justice not only impedes access to justice but ultimately undermines the rule of law.
Chief Justice of Canada, Richard Wagner, in a letter delineated the grave implications of failing to fill judicial vacancies, including a rising number of judges taking medical leave due to overwork and stress, thereby exacerbating the issue. Wagner went as far as describing this situation as “critical”, the impact of which as both “appalling” and “untenable”.
The court mandated that the Prime Minister and the Minister of Justice must advise the Cabinet to issue appointments to these vacancies to fulfill their statutory duties. Legal justification was not provided for the continuing delay in filling these posts. A reduction in vacancies to around mid-forties was also demanded.
The current Justice Minister Arif Virani, who pledged to rectify the vacancies issue upon taking office in 2023, was involved in the criticism. Despite the promise, vacancies remained high at 75 by February 2024, compared to 79 when he took the office in June 2023.
For the original report, visit here.