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N.L. justice minister hears public safety concerns from prosecutors with 'suffocating' workloads

Justice Minister Bernard Davis says his department is working to address the issue of overworked Crown attorneys, but didn’t provide more information, at this point, about short-term solutions.

Bernard Davis says officials are 'working through' process to address issues

A man in a suit and red tie, with a police officer in uniform behind him.
Justice Minister Bernard Davis took questions from reporters Wednesday at Confederation Building, as he announced millions in new funding for the police to bolster public safety. Pictured behind him is Royal Newfoundland Constabulary Chief Pat Roche. (Olivia Garrett/CBC)

Justice Minister Bernard Davis says his department is aware of concerns that public safety could be impacted by overworked Crown prosecutors, while noting that work is underway to address the issue.

"We understand that Crowns are an important piece, they play an important role, and without them this justice system would crumble," Davis told reporters at Confederation Building on Wednesday.

He cited a recent pay hike, ongoing efforts to recruit at law schools across the country and increasing the number of articling clerks.

But the minister didn't provide more information, at this point, about short-term solutions. 

"We're working through that process now in our department. We'll continue to keep you posted as soon as decisions are made," Davis said.

"Obviously we want to make evidence-based decisions. We hear the concerns from the Crowns and people that are supporting the Crowns in the community. We understand that recruitment is always paramount when you're getting highly-skilled positions like that."

WATCH | Justice Minister Bernard Davis says he is aware of concerns about overworked attorneys: 

Without Crown attorneys, system would ‘crumble,’ but no specifics to hire more: N.L. justice minister

20 days ago
Duration 2:23
President of the N.L. Crown Attorneys Association Shawn Patten says prosecutors are overworked and the provincial government needs to take action. As the CBC’s Rob Antle reports, Justice Minister Bernard Davis acknowledges the “important piece” Crown attorney’s play, but hiring more doesn’t seem to be in the immediate future.

Davis was asked about those Crown concerns while speaking at a separate announcement, also related to public safety.

He announced a $20-million infusion into policing services over the next two years. The cash will help the RNC and the RCMP set up a task force focused on weapons, drugs and contraband.

That news came a day after CBC News reported concerns from a senior Crown prosecutor about "suffocating" workloads.

"You want to ensure that public safety is a priority," said Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys Association.

"And right now our office is doing its best to make public safety a priority. But we're crumbling. Our foundation is crumbling."

WATCH | Crown attorneys association president says understaffing is causing big problems: 

Lack of Crown lawyers is a ‘public safety’ issue, warns association

21 days ago
Duration 1:23
Shawn Patten, president of the N.L. Crown Attorneys Association, says people should want the best lawyers representing victims of crime — and right now the office is “crumbling” due to a lack of staff. Patten tells the CBC’s Rob Antle why it’s critical to hire more prosecutors.

Patten specifically referenced plans to add more police officers in Happy Valley-Goose Bay, without any announcement to a corresponding boost in the prosecution ranks. 

"We currently have five lawyers in the Happy Valley-Goose Bay office," he said. 

"Some of those lawyers are carrying between 200 and 300 files. To add to that would be untenable to the situation. I can tell you we are at our breaking point."

Patten said workload issues across the province have hollowed out the ranks of the prosecution service, especially among more senior lawyers.

A woman gestures while standing behind a microphone.
Helen Conway Ottenheimer is the Progressive Conservative justice critic, and MHA for Harbour Main. (Olivia Garrett/CBC)

Tory justice critic Helen Conway Ottenheimer said they have heard about the issue repeatedly, for years.

She says now is the time for action.

"They need more Crown attorneys hired. Yet we have no real commitment that that's going to happen now. That needs to happen," Conway Ottenheimer said.

"If you are hiring more police officers, we know that there will be more investigations. We know that there will be more charges laid, but if we do not have the Crown attorneys to prosecute those cases, then that is not going to be sustainable." 

She said cases could end up being tossed, and that "puts people at risk" in the community.

"I don't think there can be any doubt that that is a public safety issue," Conway Ottenheimer said.

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