How many judges have to speak out before the federal government listens? FOLA calls for rapid efforts to fill judicial vacancies

The Federation of Ontario Law Associations (FOLA) is sounding the alarm on the Trudeau government’s ongoing failure to keep up with the need for new federal judicial appointments.

The lack of judicial resources has been explicitly cited by several Superior Court judges as the reason serious criminal allegations have been dismissed. Each case has sited section 11(b) of the Charter of Rights and Freedoms, which guarantees every person charged with an offence to be tried within a reasonable time.

In February, the Justice Henry S. Brown stated that Canadian courts face an “untenable and appalling crisis” because the federal government has failed to appoint enough judges. More recently, Justice Michael Code has called the situation an “embarrassment to the administration of justice”.

FOLA has been vocal – among a chorus of legal stakeholders – that current pace of judicial appointments is not good enough. There continue to be 65 federal judicial vacancies across the country, including 20 vacancies in the Ontario Superior Court of Justice.

The Toronto Star reported on April 17, 2024 that Chantelle Aubertin, a spokesperson for the Attorney General of Canada, was quoted as stating that “As prominent judges have observed, trials are taking longer than ever before, and lawyers need to do their part to streamline and prioritize how they use court time”.  Casting blame on lawyers for the government’s failures is unacceptable.

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“When cases fall through the cracks because of a lack of judicial resources, everyday people – families, victims, businesses, injured parties, and newcomers alike – lose confidence in the administration of justice. It is entirely inappropriate for the government to point fingers and lay blame on the judiciary or the other participants in the process. The government seems to expect fewer judges to hear a growing volume of cases. While lawyers are here to support reforms to make processes more fair and efficient, those efforts only address the symptoms of a system that is failing our clients because this government is not acting quickly enough. To read comments from the government denying their most basic role in upholding our justice system is deeply troubling.”

– Douglas W. Judson, Chair, FOLA

About FOLA

FOLA is a non-profit organization that represents Ontario’s 46 county and district law associations, and about 12,000 lawyers. Most of FOLA’s members are sole practitioners or work in small firms across the province.

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Contact:

Douglas W. Judson

Chair, Federation of Ontario Law Associations

Email: info@douglasjudson.ca