More Crown lawyers needed to tackle increasingly complex cases, says head of association

The head of the association that represents Newfoundland and Labrador prosecutors is calling for the Newfoundland and Labrador government to invest in Crown attorneys to help shoulder a growing number of increasingly complex cases.

Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys Association, said crime rates have increased significantly across Canada, especially extortion, robbery and fraud, as well as offences against children, including child pornography.

"The increase in crime generally has been difficult for Crown attorneys to keep pace with. And yeah, the crime is becoming more serious, serious crimes and complex serious crimes such as homicides," Patten told CBC News.

"Quite simply, the number of Crown attorneys has not been adequately adjusted to keep up with the increase in crime."

In Newfoundland and Labrador, he said, there are currently 12 active homicide cases — a large number considering the population.

At the same time, he said attorneys are carrying higher file loads — in some cases more than 200 cases. Those cases are also increasingly complex and require more time from lawyers.

"And for many Crown attorneys right now, time is a commodity that they no longer have very much of," he said. "We know the Crown attorneys are working very late hours. They are working weekends and they are working holidays. And they're doing all this to keep the public safe."

The pressure is wearing on attorneys, who are burning out and leaving the profession, said Patten. As a result, the Crown office is losing experienced lawyers, and junior lawyers have to take on the cases.

More lawyers needed: Patten

The provincial government needs to hire more lawyers to share the workload, Patten said, pointing to Manitoba, which recently hired 25 Crown attorneys.

"All that we are asking is that our government do the same thing, to turn their attention to hiring more lawyers to tackle the increase in crime. That is the key resource issue we're advocating for now."

He said he doesn't anticipate crime rates to get better any time soon.

"Like any issue that's not addressed, it's just going to get worse."

Patten said the province isn't at the stage where cases are being tossed because Crown attorneys aren't able to bring them to court, and he wants it to stay that way.

"We want to avoid any of those type of issues that have come up in other jurisdictions. And we think the solution is just to hire more lawyers now so this is not even a point that we need to talk about."

CBC News has asked Justice Minister Bernard Davis for an interview. Jeremy Reynolds, Justice and Public Safety Department spokesperson, provided a statement that said providing Crown attorneys with appropriate resources is a "key priority" of the government.

"In 2023 the provincial government increased the salaries for solicitors, which includes those classified as Crown attorneys," says the statement from Reynolds, adding that it was the first increase in the solicitor pay scale since 1988

"We have also placed an emphasis on recruiting law students for summer and articling positions."

PC critic calls for review

PC MHA Helen Conway Ottenheimer said she's heard the association's concerns and wants the government to launch a review into Crown resources, including staffing.

"We know that the Crown prosecutors play such an integral role in our court systems. So in order for the justice system to be efficient, we need to ensure that their concerns are responded to. And government is not doing that," Conway Ottenheimer said Friday.

She said she's worried that if nothing is done to alleviate the problem, victims might not have their day in court, trials might not take place and some accused might never be brought to justice.

Increasing salaries could be part of the solution to getting and retaining lawyers, said Conway Ottenheimer, but more lawyers need to be hired.

"Government has to act on this and get a review in place and see what needs to be done, not just, you know, one prosecutor here or there. There needs to be a plan," she said.

"And that's what we often see with this government, the failure to have any real comprehensive plan when it comes to concerns that come before them."

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