Conservative MPs slam government for pace of judicial appointments
New appointments expected soon as family of Calgary murder victims also call for solution to court delays
Alberta Conservative MPs Michelle Rempel and Michael Cooper are calling out the federal government for failing to quickly fill judicial vacancies, as court cases across the country are thrown out due to delays.
The controversy stems from what's known as the Jordan decision, when the Supreme Court said unreasonable delays in getting to trial were unacceptable and set deadlines for when proceedings must start.
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Since then, hundreds of cases of varying severity across Canada have been stayed.
"Canadians must have the assurance that their justice system will work for them and place the rights of victims ahead of those who commit these terrible offences," said Rempel at a news conference on Tuesday.
"Their inability to do the most basic function of appointing judges, undermines Canadians confidence in our justice system."
Alberta has highest vacancy rate
Cooper, who is deputy justice critic, called Justice Minister Jody Wilson-Raybould "negligent."
"The failure of the minister to fill judicial vacancies in a timely manner is not only an abdication of her responsibilities as minister of justice, it is completely inexcusable in light of the Jordan decision," he said.
The news conference comes days after the Liberal government unveiled Bill C-75 meant to speed up Canada's sputtering legal system.
Among the proposed changes is the elimination of preliminary inquiries except in the case of crimes that carry a life sentence — something defence lawyers say might not have the intended effect.
Cooper calls the changes "too little, too late."
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According to the office of the commissioner for federal judicial affairs Canada, there are currently 56 vacancies across Canada, with 14 of those in Alberta — the highest vacancy rate in the country.
Family of Calgary victims raise concerns
The two MPs were joined at their news conference by the families of Sara Baillie and her daughter, five-year-old Taliyah Marsman, who were murdered in Calgary in July 2016.
The trial of Edward Downey, accused in their deaths, is brushing up against the 30-month timeline specified by the Jordan decision but won't be thrown out unless there are additional delays.
Speaking on behalf of the gathered family members, Bailie's uncle Scott Hamilton said delays in the justice system do not benefit anyone.
"We are all entitled to trials without undue delay," he said.
New appointments expected
A spokesperson for the justice minister said new appointments would be made to Alberta courts as early as this week, but there were no specifics on how many could be appointed.
Liberal MP Marco Mendicino, the parliamentary secretary to Wilson-Raybould, said appointing judges is not a simple matter and must go through local judicial appointment councils and a "rigorous vetting process" before landing on the minister's desk.
He said the government has appointed more than 160 judges in the past two years.
"We move through them in a diligent fashion, but there's also, I think, an important onus on the government to be sure that we're putting the best people on the bench," he said.
Mendicino also pointed to Bill C-75, an overhaul of the justice system, as an important part of unclogging the courts.
"It would be nice to see the Conservatives not politicize our judicial appointment process and not politicize the victims who have suffered for far too long," said Mendicino.
"For a change it would be nice to see that and see them get behind some very principled and good and evidence-based policy."
Petition launched
Cooper said he will table a motion to call Wilson-Raybould before Parliament's justice committee to explain delays in filling vacancies and he'll ask for a study into the impact of the delays.
Rempel and Cooper have also launched a petition in hopes of pressuring the government to pick up the pace of appointments.
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