Police cite forensic lab cutbacks for delay in probe of suspected drunk driver after head-on crash

Police suspect a driver involved in a head-on collision on the outskirts of St. John's more than four months ago was drunk, but have yet to proceed with charges because of delays linked to federal crime-lab cutbacks.

That's according to court documents obtained by CBC News.

Those police filings raise questions about the impact of shutting down three RCMP forensic labs, a cost-cutting measure announced in 2012 by the Harper government.

And the demand for forensic analysis is only expected to increase given the pending legalization of cannabis, and a possible increase in drug-impaired driving cases.

Justice officials in Newfoundland and Labrador are downplaying any concerns about delays in getting back forensic evidence.

But a prominent defence lawyer in St. John's says it's a big problem that could have sweeping repercussions in the future.

4 reportedly injured in head-on crash 

In late January, four people, including a child, were reportedly injured in a Friday afternoon two-car crash on Robert E. Howlett Drive in the Goulds area of St. John's.

According to police court filings, a paramedic smelled booze on one of the drivers.

When an RNC officer asked the driver for his name, the 44-year-old man said "not telling" and "no comment."

The police officer also observed a "strong smell of alcohol" from his breath, and noted that the driver had watery and bloodshot eyes.

The RNC took blood samples at the hospital, and sent off a request for a forensic laboratory analysis a day later.

But they did not get a confirmation email from the RCMP lab until late March, nearly two months later, advising them to forward the vials of blood for testing.

Due to the closing of three National Forensic Laboratories within Canada, the time frame for analysis is expected to be beyond 90 days.- Royal Newfoundland Constabulary court filing

"Due to the closing of three National Forensic Laboratories within Canada, the time frame for analysis is expected to be beyond 90 days," the Royal Newfoundland Constabulary said in an affidavit filed at provincial court in April.

"The analysis of the blood has not been completed to date."

Those RNC comments were part of a submission to a judge for permission to hold onto that blood evidence for several more months, until the testing can be done.

That request remains before the courts.

RCMP handles forensics for most of country

The RCMP's National Forensic Laboratory Services receives requests from across Canada.

Ontario and Quebec, which manage and operate their own labs for provincial and municipal investigations, are the exceptions.

They help ensure that the correct services are selected and the most probative evidence is analyzed first.- RCMP Sgt. Marie Damian

The RCMP labs provide services such as DNA testing, toxicology, trace evidence and firearms analysis.

There are currently three RCMP forensic facilities in Ottawa, Edmonton and Vancouver.

There used to be six. In 2012, Ottawa announced that three other RCMP labs would be shuttered, to save $3.5 million and create a more efficient service.

• RCMP to close labs in Halifax, Winnipeg, Regina

The Mounties work with investigators to determine deadlines for forensic work based on the "urgency or priority of the case," Sgt. Marie Damian said in a statement emailed to CBC News.

"They help ensure that the correct services are selected and the most probative evidence is analyzed first."

Timelines vary by type of analysis

According to the most recent statistics available, for the 2016-17 fiscal year, the length of time depends on the type of forensic analysis being sought.

For example:

• The average turnaround time for routine DNA testing was 44 days, with the work done by the diary date, or expected deadline, 57 per cent of the time.
• For routine firearms analysis, the average turnaround time was 234 days, with the diary date met 27 per cent of the time.
• Toxicology analysis was done in an average of 78 days for routine requests, with the diary date met 68 per cent of the time.

The numbers are significantly better for cases classified as "priority," although those account for less than two per cent of all requests.

'Very pleased with the service'

Law-enforcement officials in Newfoundland and Labrador are minimizing the significance of the issue, and say police officers have a good relationship with the lab. 

"At times, for different reasons, there may be delays in exhibits entering the analysis phase, but for the most part, we are very pleased with the service they provide," said Ab Singleton, deputy chief of the Royal Newfoundland Constabulary.

"And I think a big part of that is that we have a good line of communication with the lab if there are concerns."

The top prosecutor in the province agreed.

There does not seem to be a systemic problem in N.L. with prosecutors receiving samples back from the lab in a timely manner.- Jennifer Mercer, N.L. director of public prosecutions

"There does not seem to be a systemic problem in N.L. with prosecutors receiving samples back from the lab in a timely manner," director of public prosecutions Jennifer Mercer noted in an emailed statement.

"Public Prosecutions carries thousands of cases at any given time and on occasion there are delays; these may be caused by any number of reasons arising from an investigation and trial preparation, and might include forensic analysis. 

"While we do terminate prosecutions from time to time, I am not aware of any cases where [a] lab delay has been the sole reason a prosecutor determined termination was appropriate."

'It's a real issue for them'

But a longtime St. John's defence lawyer says he is concerned by what he sees in the system.

Bob Simmonds says he was representing a client in a recent matter, where the police sought court permission to hold onto a urine sample for a significant period of time, to test for drugs.

And he says it's also been an issue in more serious cases.

Simmonds says he has been involved in three murder cases over the past year and a half, where the Crown had issues getting all forensic evidence back before the beginning of the preliminary inquiry.

He says there are concerns about moving cases forward, given the recent Jordan decision about the right to a speedy trial.

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"It's a real issue for them, trying to get this through," Simmonds said.

"And just about every one — every one of the murder trials, or serious charges you see today — 90 per cent of them have a significant body of evidence that is forensic evidence of one type or the other."

It is a serious problem. And the more serious the case, the more serious the problem.- Defence lawyer Bob Simmonds

​Simmonds first sounded the alarm six years ago, when the decision to close three forensic labs was first announced.

He is repeating it now.

"It is a serious problem. And the more serious the case, the more serious the problem," Simmonds said.

"I'll tell you, I can speak from first hand, of someone charged with a serious offence, and waiting for these things to come back and the preliminary [inquiry] not being able to go ahead and counsel not being able to make all the necessary assessments on the body of evidence against your client —  is a real problem. And they're going to do something with it, or they're going to start having cases tossed out, and that is not good for the administration of justice."

Expected increase in cannabis cases

The impact of cannabis legalization has also been flagged as an issue in getting test results analysed promptly.

Last week, the Newfoundland and Labrador government rolled out a suite of cannabis-related legislation.

RNC Const. Karen Didham told reporters that the federal government is being "proactive" and changing some lab processes to address the expected demand for drug-impaired driving tests.

"Originally, it was 90 days extended to 155 days for us to get the results back," Didham said.

"As you can imagine, there are hundreds and probably thousands of these evaluations that are being done on a yearly basis, so it's a capacity issue for the RCMP crime lab. My understanding is that they are addressing that capacity issue."

In a statement, the RCMP says it has developed a plan for its toxicology services program in anticipation of new cannabis legislation.

"This includes adopting new technologies, introducing more efficient workflows, hiring additional staff, expanding current laboratory space within the RCMP, and refurbishing existing laboratory space in another government department," Sgt. Marie Damian noted.

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