Why do some problems, that look as if they should be fairly easy to solve, never seem to go away?
Take the ongoing shortage of judges and justices of the peace.
When Judge Casey Hill presided at the Davis Courthouse in Brampton December 4, he was supposed to announce his verdict in the case of former Dufferin-Peel Catholic District School Board Program Superintendent Bev Williams, who is charged with fraud related to HRDC grants.
It’s a high-profile case involving public figures, two different levels of government, allegations of kickbacks and phony invoices for phony jobs. Lots of juicy stuff.
Instead of delivering his verdict, however, Hill delivered a lecture, one that has been heard from the benches many times before, dating back to the old days of Peel County.
Even though the trial ended in April, Hill explained that he was not ready to render a decision. He put his ruling over until Feb. 19 because he simply has not had enough time to sit down and give it the reflection it needs before writing his decision. That’s because there are too many cases in Peel, regarded as the busiest jurisdiction in Ontario, and not enough judges.
It took more than six months to fill three vacancies on the bench, although there is no shortage of qualified candidates according to Hill (and numerous other observers.)
In the case of a shortage of Superior Court judges, it is the federal government that has been dithering over appointments. But we have exactly the same problem getting sufficient numbers of judges and justices of the peace appointed by the Ontario government.
That means constantly jammed traffic courts, deferrals of trials, delays, dismissals and loss of revenue for municipalities, and subsequently for Mr. and Mrs. Ratepayer. If everyone who got a traffic ticket ever decided to ask for a day in court, the whole system would quickly grind to a halt.
It doesn’t seem to matter what political stripe the government is, the problem of getting timely appointments within the justice system just persists and persists.
Every year at this time, Chief Justices of various courts give their little inaugural addresses. You can pretty well expect that this line will appear each year, “Unless the current vacancies on the bench are filled quickly, the court will be severely handicapped in maintaining access to justice for members of the public.”
Maybe we just need two new appointments to bring this whole matter into public focus. Mr. Justice Denied, meet Mr. Justice Delayed.
Comments (3)
Maybe if Martha Hall Findlay swings into Kahn’s riding, having an MP member licensed within the Barr Association close to the Davis Courthouse might bring back integrity closer to home.
These Federal junkets into Afghanistan only generate apathy when politicians forget where they live and the laws of our land.
Posted by Guitar Man | January 8, 2007 3:51 AM
Posted on January 8, 2007 03:51
Me, again, John!
Regarding the lack of judges and the perpetual backlog of people awaiting their day in court, you wrote:
"That means constantly jammed traffic courts, deferrals of trials, delays, dismissals and loss of revenue for municipalities, and subsequently for Mr. and Mrs. Ratepayer persists and persists."
Sure, John, agreed.
But let's look at it another way, like a friend explained things to me just today!
He pointed out that "the judge shortage would mean people are held longer in jail because there are fewer to do bail hearings, trials, motions etc."
Remember all that squawking at one time about our "revolving door" justice system? You know, police book 'em and they're out the door and back on the streets within hours?
Having a shortage of judges seems to SOLVE that problem, no?
Hmmmm... Mississauga just announced itself Canada's safest city for the seventh year running.
I wonder what degree of correlation there is between the severity of judge-shortage (and hence more time in jail for people awaiting trial) and lower crime stats (since people held longer in jail have a tough time re-offending behind bars).
Some university student should do a paper on that theory...
John, you wrote:
"Mr. Justice Denied, meet Mr. Justice Delayed."
Who needs un-delayed "Justice", John, when you aiming for the Canada's Safest City Award for an EIGHTH year-in-a-row?
Signed,
The (Book 'em Danno) Mississauga Muse
Posted by The Mississauga Muse | January 4, 2007 10:58 PM
Posted on January 4, 2007 22:58
What’s peculiar is the Ontario Works Social Services Tribunals nor the HRDC Employment Insurance appeals would pick up on these before Mr. Harris thought pooling might be a good way to mobilize intervention behind our Legal Rights while appearing to be paying down provincial debt.
If a simple case like Ipperwash was blown up to $15 million and 11 years to resolve, appointing regional per diem tribunal chairs wasn’t very cost effective to run governments like the business. It must be corporate CEO’s /CAO’s that are taking more out than what’s going in and using Globalization as the lame brain of all excuses.I'd say corporate CEO's passed the average Canadian salary by January 2. Yesterday !
Posted by Wayne Nagy | January 3, 2007 11:36 PM
Posted on January 3, 2007 23:36