Former head of N.S. public prosecutions slams provincial government over justice system

The former head of the Nova Scotia Public Prosecution Service says the provincial government gets a failing grade for its handling of the justice system.

Martin Herschorn said he felt compelled to speak out after a recent court case and after comments from Nova Scotia Justice Minister Brad Johns.

Johns recently criticized Chief Provincial Court Judge Pam Williams, who said in a speech last month that the province needs more judges.

"It's easy to throw shade and say we don't have enough judges, we don't have enough judges, but some of this is the responsibility of the judiciary as well, I think," Johns said following a provincial cabinet meeting Thursday.

Herschorn responded on Friday.

"I find the position of the minister unfortunate, it's misinformed," he said.

"The overall complement of 28 provincial court judges hasn't changed in many, many years while things around the court, the environment, has changed radically."

He said a court decision earlier this week illustrates the problem with a shortage of judges.

Child molestation charges against Brandon McNeil were stayed because there was no judge available to render a verdict. Herschorn said he decided to speak out after hearing about that case.

On Friday, Johns announced the appointment of federal Crown prosecutor Angela Caseley to fill one of two vacancies on the provincial court. In addition to the other vacancy, there is also a judge off on a long-term absence.

Herschorn wouldn't speculate on how many more judges are needed to clear the backlog. He said part of the problem is that justice issues are not considered a top priority right now.

He said that has to change.

"The court system, an independent director of public prosecutions, a robust legal aid system, are fundamental to maintaining our democracy and they need to be supported, otherwise we're all going to be in trouble," Herschorn said.

He said Johns's criticism of Williams is unfair because she cannot respond. He said that means it's up to lawyers to speak up, which is why he said he issued his statement.

Herschorn retired from the Public Prosecution Service in February 2022. He said the fact his replacement hasn't been named 15 months later is just another symptom of problems in the system.