Alberta violent crime cases at risk of being tossed, chief justice and advocates call for help 

Alberta lawyers and victim advocates are calling for more legal resources as the head of Canada's Supreme Court raises concerns about the number of cases at risk of being thrown out because of delays. 

Recent statistics from the Court of King's Bench show 22 per cent of active criminal cases in Alberta have exceeded what's known as the Jordan period — the rule that sets out reasonable time limits to get to trial.

Chief Justice Richard Wagner said 91 per cent of those cases involve serious or violent crime. 

"That's for Alberta, I suspect that the situation is the same in every other province," he said last month. 

"One part of the remedy would be to make sure that [judicial] appointments are made in a timely fashion. That will help a lot."

The Jordan decision is a 2016 Supreme Court ruling that established a time limit for when a trial must be heard by. Provincial court cases have 18 months, while superior court cases (King's Bench in Alberta) have 30 months.

If a case takes longer, the accused can apply to have their case thrown out because of delays. The right to go to trial in a reasonable time is a provision in Canada's Charter of Rights and Freedoms.

While Wagner is worried about the number of at-risk cases, provincial statistics show the number of successful Jordan applications is low. 

There have been 423 applications since the ruling in 2016, according to the ministry of justice. Of those, less than 10 per cent (40 applications) have been successful. Two applications were granted in 2022-23 and three more are pending. 

One happened this January, when a man accused of sexually assaulting a minor in Peace River had his application for a stay approved.

"This is the darkest time for most of these families. It is a time of crisis," Maggie Mackillop, the executive director of HomeFront, said of the victims and the court process. 

Her organization works with victims of domestic violence from charge until after the trial. Because they work in a specialized court, Mackillop said Jordan timelines are often respected, which shows the importance of closure. 

"Victim engagement and co-operation through this process is imperative to the likely success of the outcome, and the longer it takes, there's a potential for that to decline."

Alberta's government also tracks Jordan applications in the province, which have declined over the past three years.

"It is a priority for Alberta's government to continue the important work of strengthening the justice system for the benefit of all Albertans," a statement from Minister Mickey Amery's office reads. 

"It is encouraging to see that these numbers are trending downwards year over year in Alberta."

But those who work with offenders and victims say the justice system isn't equipped to move cases through quickly, which causes unnecessary stress and suffering to people navigating the courts.

"It is difficult on the accused because it's a huge unknown sitting on their shoulders for months or years before they get a final answer," said Danielle Boisvert, former president of the Criminal Trial Lawyers' Association. "It's very stressful for the victims and the families of victims in terms of the waiting times and not knowing what will happen." 

She added the courts monitor case timelines and will often triple book to avoid bumping against Jordan timelines. Boisvert said judge vacancies need to be filled, but more courtrooms are needed as well as support staff like clerks and sheriffs. 

"It doesn't matter how many judges you have there if you don't have the other people necessary in the courtroom."

The federal government appoints King's Bench judges, while funding for courts and staff comes from the province. Ten appointments have been made since April. 

Alberta's lower court has three of 143 positions vacant right now. The Court of Appeal is missing three of 15 and the superior court has 10 of 83 unfilled. Four of those 10 have yet to be funded.

"Albertans deserve a fast, fair and efficient justice system, and it's critical that the federal government step up and fill these vacancies as soon as possible. A 20 per cent vacancy rate at the Court of Appeal is unacceptable and unsustainable," the ministry wrote in a statement.

Fewer Jordan applications are being approved, but the proportion of cases exceeding those timelines has grown in recent years. 

Alberta had the largest increase in at-risk criminal cases of any province between the first three quarters of 2019-20 and the following year, per Statistics Canada. The percentage of cases exceeding the Jordan ceiling went from 2.1 per cent to 5.4 per cent — a 157 per cent jump.

More than 3,000 cases in provincial court (with an 18-month limit) were Jordan-eligible at the end of 2021, according to the Alberta Crown Attorneys' Association.

The number of Jordan applications in Alberta rose during COVID, but many judges across the country ruled the pandemic created exceptional circumstances and should not be included when tallying Jordan delays. 

Alberta has had several high-profile cases tossed because of Jordan applications. 

In 2016, a court tossed a first-degree murder charge against a man accused of stabbing his cellmate in an Edmonton prison.

Two years later, alleged gang leader Nick Chan avoided going to trial on murder charges because of unreasonable delays.

"Criminal proceedings against those accused of serious crimes, such as sexual assault or murder, are being stayed due to delays caused entirely or in part by a shortage of judges," said a followup statement from the Supreme Court. 

"These concerns were raised at the highest level of government."