Crosbie accuses feds of negligence for delays in filling vacancies on N.L. Supreme Court

The federal justice minister is pledging to prioritize judge appointments to the short-handed bench of the Supreme Court of Newfoundland and Labrador, but an opposition politician is accusing Ottawa of negligence for not addressing the shortage much sooner. 

David Lametti, also the attorney general of Canada, made the promise in a Dec. 21 letter to the Newfoundland and Labrador branch of the Canadian Bar Association.

Lametti said he recognizes the impact outstanding vacancies can have "on the effectiveness of our courts," and that he is "committed to ensuring that the appointments … are treated as a priority."

He said a judicial advisory committee for the province was established in September, and that he regretted this process was delayed.

"I look forward to receiving the JAC's recommendations," Lametti wrote. He did not provide an explanation for the delay in forming a committee, which is typically chaired by a judge and includes practising members of the legal community.

Lawyers wanting to become a judge must apply to the committee, which is chaired by Justice Charles W. White, a supernumerary judge with the court of appeal. The committee then makes recommendations to the federal government.

Four vacancies

According to an official with the court, there are 22 full-time judicial positions.

However, four of these are vacant, with the most recent opening created by the death of Justice David F. Hurley in July.

Two other vacancies were created by the retirements of Justice Kendra Goulding, who now serves as a supernumerary judge, and Justice Brian F. Furey.

Justice Gillian Butler was elevated to the Court of Appeal of Newfoundland and Labrador in May 2019.

The are also six supernumerary justices — semi-retired judges depended on to help with the judicial caseload — with the province's superior trial court, which is a typical number, according to a court official.

As well, the federal government approved funding in 2018 for three new judicial positions for an expanded family court division, but these positions have not yet been filled.

Lametti's letter was addressed to bar association president and Clarenville lawyer Gregory French, and was received nearly three months after French raised the issue with the federal minister.

French could not be reached Tuesday, but has said the vacancies, combined with the COVID-19 pandemic, are creating delays in the justice system.

"We're seeing comparatively lengthy wait times for trials and scheduled matters in court," French told The Lawyer's Daily, a publication specializing in legal news and analysis, in early December.

"We don't have firm statistics around delays and wait times right now … but it is a matter that we are concerned with in terms of whether or not it is contributing to delays."

In his Sept. 29 letter to Lametti, French said maintaining a full judicial complement is a critical component of a properly functioning justice system.

"Unfilled vacancies will continue to create serious problems and we urge you to take the immediate necessary steps to fill all existing judicial vacancies in Newfoundland and Labrador," French wrote.

The issue of vacancies at the superior court level has long had the attention of PC Party Leader Ches Crosbie.

On Tuesday, Crosbie again criticized the federal government for what he called negligence.

"Given the years of delay we've already witnessed, assurances from the federal minister of justice that appointments are now a priority don't carry much weight," Crosbie told CBC News in a phone interview.

Crosbie said there is "great consternation in the legal community, including among the judges, at the dereliction with which the federal government is approaching this task."

Crosbie blames the vacancies for the delay in launching a judicial inquiry into why so many Innu children from Labrador are taken away from their parents and placed in care.

"They can't spare a judge to head the inquiry, and justice delayed is justice denied," said Crosbie.

CBC News has requested comment from Raymond P. Whalen, chief justice of the Supreme Court of Newfoundland and Labrador.

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