Thousands of defendants risk being released without trial due to delays. What are the main players in the judicial system doing in the face of this emergency which risks turning into a legal train accident?
The Minister of Justice and the Chief Justice of the Court of Quebec are playing “chicken” to try to prove that it will be “more” the fault of the other.
In 30 years of journalism observing justice, I have never seen such rotten relations between a Minister of Justice and a Chief Justice. However, the current state of things requires collaboration, a search for concrete solutions. Not a stupid war in…other courts.
Let’s start by saying, as shown by the file of colleague Louis-Samuel Perron, that the causes of this new crisis of deadlines are multiple.
The pandemic has forced the postponement of a large number of files. Understaffing causes huge problems in all courts – not least because key staff are underpaid relative to the market and sometimes underemployed (in the Superior Court in particular).
Add to that a chronic lack of investment in justice. There is still a lack of prosecutors and judges.
Since the Jordan judgment (2016), deadlines must be scrupulously respected.
They are a maximum of 18 months from the day of the accusation to the trial in the Court of Quebec (99% of criminal cases in Quebec) and 30 months before the Superior Court (essentially cases before a jury). The rule has few exceptions.
It goes almost without saying that the courts will pass the towel for the delays suffered solely because of the pandemic. Force majeure.
But what tumbles before us is a whole hodgepodge of files lying around for multiple reasons, and even the state prosecutors announce their imminent death or the trappings. Patrick Michel, big boss of the Director of Criminal and Penal Prosecutions (DPCP), is already announcing “difficult choices” which will make waves in public opinion.
OK, but this wave, didn’t we just see it coming? After all, a criminal charge is not like the flapping of a ladybug’s wings: invisible to the naked eye and with imperceptible consequences. On the contrary, it is an official act of the State, duly registered, followed…
In other words: this train accident has been in the works for a long time. For a long time by definition, since we are talking about deadlines.
Faced with this, the Minister of Justice did not know how to release the resources quickly enough, you will be told. But in recent years, we have nevertheless witnessed many hirings of prosecutors. Judges too. The number of judges of the Court of Québec has increased by 10% over the past five years (from 290 to 319, or 29 more).
It’s not enough ! said the Court.
It is discussed. But Chief Judge Lucie Rondeau is asking for… 41 more.
Better still: the Court has decreed that the number of sitting days per year will be reduced by 25%. Instead of making 2-1 (two days sitting, one day of deliberation), the judges will make 1-1. A week on the bench, a week to deliberate.
Why ? Because the criminal law has become much more complex, and judges are called upon to write more decisions, which take longer. All this is indisputable.
But how much more? In the “Galarneau report”, which describes the increase in the work of judges, one is struck by the almost total absence of data. And even more numerical comparisons. Or performance evaluation.
Not serious: in January 2022, the Court of Quebec decides that as of the start of the school year in September 2022, the new system for judges applies. For all judges. Whether they make complex files or volume. Come on, it’s 1-1 everywhere and for everyone. The consequences are obviously felt!
There are some to blame the very rigid Minister Simon Jolin-Barrette, and indeed, I would not like to play Monopoly with him.
But this decision is indeed that of the Court.
What’s more, Chief Justice Rondeau claims that it will not change the delays. It is “highly speculative to claim a risk of a stay of proceedings because of the new ratio”, according to her. Because the judges were already overwhelmed, they weren’t really going any faster…
Serious ? We sit 25% less and it has no impact? Either we are taken for idiots, or the legal world really needs math lessons.
It’s as if she herself had reduced the number of judges… only to demand more. And you will tell me that these people are on the side of the solutions? Of Justice ?
The Minister and the Chief Justice are in the Court of Appeal on the question of the ratio. The Chief Justice will probably win: it is a matter of judicial management and the minister will not be allowed to interfere in that. The brutal way in which the thing was done, without figures, without progress, in the context of the current crisis, is no less irresponsible. And corporatist.
But as the communication is broken between this minister and the Court, nothing good will happen. And when defendants in serious cases are released, when we cry foul, they will blame the other. Not my fault !
But they will all be responsible for it.