The country’s top judge says cases are taking too long to get to trial in Canada.
During an update on the state of Canada’s Supreme Court last month, Chief Justice Richard Wagner used Alberta numbers to highlight an issue he says is happening right across the country.
“In Alberta, 22 per cent of criminal cases exceeded the 30-months delay set out in the (Jordan Decision), and 91 per cent of those cases involve serious and violent crimes,” said Wagner during his media address last month.
Jordan, or the “Jordan Decision” is a 2016 Supreme Court of Canada decision that establishes timelines for when the trial must be heard.
For charges in the Alberta Court of Justice, the timeline is 18 months. For Court of King’s Bench matters, the timeline is 30 months.
The province said while there are still instances of cases that have been thrown out, the numbers in Alberta continue to trend down.
“Since the 2016 Supreme Court ruling to the end of March 2023, there were 423 Jordan applications. During that same time, hundreds of thousands of charges entered the system,” said Alberta Justice Minister Micky Amery in a statement.
“In all of 2022-23, there were two applications granted by the courts.”
Calgary defense attorney Alain Hepner says Jordan is not as easily applied as the chief Justice’s numbers make it seem.
“I have had very few cases where Jordan applies, and the Crown is very astute,” said Hepner.
“So if say we are running up against a Jordan deadline of Sep. 1, 2023, for example, the judge will do everything in their power to have that concluded by the Jordan deadline.”
HomeFront Calgary is an organization that assists victims of domestic violence and walks them through every step of the court process.
It said the number of cases not going to trial is a concern.
“Although Jordan timelines have come close, to my knowledge we’ve not yet had files which resulted in a file of ours being dismissed,” said HomeFront executive director Maggie Mackillop.
“The hope is we stay ahead of that trend so it is top of mind for everybody.”
Wagner says there are vacant judge appointments at every court level that need to be filled, in hopes of catching up, and getting ahead of the backlog of cases.
The Trial Lawyers Association in Alberta says judges alone won’t solve the problem.
Danielle Boisvert is an Edmonton lawyer and president of the Trial Lawyers Association. She says Edmonton is disproportionately affected when compared to Calgary.
Calgary’s $300-million courts centre was completed in 2007 — Edmonton’s aging law courts opened in 1973.
“The biggest piece of the puzzle to reduce future delays is a new courthouse that has more jury courtrooms, regular courtrooms, and space to accommodate the needs of all participants in and providers to the court system,” said Boisvert.
“Beyond that, hiring the necessary court staff, including clerks and sheriffs, is required to open and utilize the courtrooms over which newly appointed judges will preside.”
According to the most recent statistics from the province, from 2016 to the end of March of 2023, there were 423 Jordan applications. During the same time, hundreds of thousands of charges entered the system.
In all of 2022-23, there were two Jordan applications granted by the courts.