Ontario’s Attorney General is calling on his federal counterpart to immediately appoint more judges and look at making changes to the Criminal Code to speed up the justice system.
Speaking to the Empire Club of Canada Tuesday, Yasir Naqvi said he wants federal Justice Minister Jody Wilson-Raybould to fill the 11 judicial vacancies in Ontario immediately and that he has written to her asking that she move to amend the Criminal Code to “curtail” the use of preliminary inquiries.
“Simply adding resources to the system will not address all of the delay issues. We need to make bold changes to speed up and simplify the criminal court process,” Naqvi said.
Preliminary inquiries are held prior to trials in Superior Court, which handles the most serious cases such as murder, so a judge can determine there is enough evidence to send the accused to trial.
“It is our view that the long-held rationales for preliminary inquiries simply no longer exist,” Naqvi said.
“I have, therefore, asked the Minister to consider Criminal Code reforms that will significantly curtail the use of preliminary inquiries in criminal cases destined for the Superior Court.”
Naqvi said he has also asked Wilson-Raybould to convene a special meeting as soon as possible of provincial and territorial attorneys general to discuss the implications of a landmark 2016 Supreme Court decision that set new timelines to get a case to trial.
That decision, R v. Jordan, found that cases that take longer than 18 months to get to trial in provincial court, and 30 months in Superior Court, are considered presumptively unreasonable and it falls on the Crown to prove there were exceptional circumstances for the delay.
If the Crown fails, the charge against the accused will be stayed. Delay attributed to the defense cannot be used to justify staying a charge.
Several serious criminal cases have already been stayed in Ontario as a result of the Jordan decision, including a first-degree murder case in Ottawa last year.
“Let’s be honest, there will be more stays of proceedings; many applications are before courts across Canada,” Naqvi said.
“A national meeting would send a clear message to victims, their families and all Canadians.
“That message is: We hear you. We know this is unacceptable. We are acting on it. The justice system in Canada can do better.”
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