The Canadian Charter of Rights and Freedoms gives a person charged with an offence the right to be tried "within a reasonable time." But not everyone wants a speedy trial - delays can be used to advantage, contributing to the clogging of B.C.'s justice system.
This is one of the facets explored by Geoffrey Cowper in an analysis of the province's justice system commissioned by Premier Christy Clark in February. The study resulted from growing criticism of the slow pace of justice in provincial courts.
Dozens of cases have been tossed out because of delays. An extreme case was that of Michael Ellis, a man acquitted in Vancouver last October after sitting in jail for 31 months while awaiting trial on six charges related to a stolen truck chase and drug-dealing. Judge Mark McEwan said the time Ellis spent in jail awaiting trial was close to the sentence he would have served if convicted.
That's the sort of incident to spark howls of outrage about soft-hearted and soft-headed judges letting dangerous criminals run loose on the streets, but the judge in this case had no choice - the foundation of the justice system is fairness, and the golden thread of justice that should weave throughout the system is that guilt must be proved beyond reasonable doubt. A delay of two-and-a-half years goes contrary to those principles.
Cowper rightfully criticizes the "culture of delay" that plagues the court system.
Most cases in Provincial Court are resolved without trials. Only 4.5 per cent of cases are scheduled for trial, but that's where the wheels fall off - of those cases, 70 per cent "collapse" before the actual trial. This, even with a judge-driven requirement that every criminal case - and the Crown and defence lawyers dealing with it - must appear before the court 30 days before trial to see if it is going to proceed. More needs to be done to ensure the defence and prosecution adhere to this initiative.
The collapse rate is one reason courtrooms are overbooked - for every 4.5 hours of court time, 18 hours are booked to try to make best use of judges' valuable time. That's a make-do kind of measure that doesn't enhance the efficiency of the justice system.
Supreme Court Chief Justice Beverly McLachlin stated in a 2009 sex-assault case: "When trials are delayed, justice may be denied. Witnesses forget, witnesses disappear. The quality of evidence may deteriorate. Accused persons may find their liberty and security limited much longer than necessary or justifiable. Such delays are of consequence not only to the accused, but may affect the public interest in the prompt and fair administration of justice."
Lofty ideals of fair, impartial and efficient justice are often not borne out perfectly, but that's life. Reality intrudes. Still, we should aim to eliminate as much as possible the potholes and detours on the path of justice.
Cowper's suggestion is reasonable that most cases should be cleared within six months. Extenuating circumstances will occur, but when they do, it should fall upon those initiating the delays - prosecution or defence - to justify those delays.
Cowper also recommends appointing five new Provincial Court judges to reduce the congestion. Attorney General Shirley Bond wants to try more inexpensive solutions first, but the system doesn't need more Band-Aids, it needs reform.
And judges should be involved. Some of the best innovations, including Victoria's own integrated court, have been judge-driven. Bond and the rest of the government need to provide the right people with the tools that, as Cowper says, would make timeliness a necessity, not an option.
