Four of 28 positions still open, two more judges planning to retire
Chief Justice of the Nova Scotia provincial court Pamela Williams and Judge Shane Russell are shown at Russell's swearing-in last June in Cape Breton. Crown attorneys in the province have become the latest members of the justice system to voice concerns over the provincial government not yet filling four vacancies in the province's complement of 28 provincial court judges.
The association said that the failure to fill the vacancies is coming at a time when there is “an unprecedented backlog of cases awaiting to be heard.” Those cases can include serious offence such as violence against children, human trafficking, domestic and sexual violence, impaired driving and even homicide cases, the association said.“Delays in these cases have a detrimental effect on victims of crime and the safety of the public, but also on accused persons who have a constitutional right to have a trial within a reasonable time,” it said. “These delays have resulted in these types of cases being thrown out due to excessive delay.
It said the government is underfunding the justice system and needs to fill the judge positions and provide more funding to the public prosecution service. “The Canadian judicial system is held to a high standard and maintaining public faith in the administration of justice is crucial,” Kakembo said in the release. “When trial dates are scheduled, but no judges are available, it sends a message to the community and to complainants like Ms. Low that justice is not a priority in certain cases.”“After waiting almost five years for her case to be heard, she is now facing an uncertainty that could continue for the foreseeable future.
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