2 Calgary sexual assault trials delayed due to judge shortage crisis
David Bell | CBC News | Posted: May 14, 2016 1:14 AM | Last Updated: May 16, 2016
Only 1 new judge has been appointed in 20 years, but province has doubled in size since then
At least two sexual assault trials in Calgary have been delayed due to the ongoing critical shortage of judges in Alberta.
In an emailed statement, Michelle Somers, the executive legal officer with the Court of Queen's Bench, said it is a matter of a lack of resources.
"There are two criminal cases, sexual assault charges, which have been adjourned and will be spoken to on Monday," Somers said.
Four other cases — another sexual assault and three civil matters — are in "overbook" status and the likelihood of a judge becoming available to hear them is "remote," she added.
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Will be rescheduled, not dropped
The chief Crown prosecutor for Calgary, Suzanne Kendall, said the charges will not be dropped due to the lack of judges.
"Our understanding is two of the cases will be rescheduled this coming week for a new trial date and a third will be rescheduled within the coming weeks. We are not aware at this time of any applications to stay these cases."
The president of the Calgary Criminal Defence Lawyers' Association says the shortage of judges is a problem.
"It is time for action on this issue," said Ian Savage.
He said the number of Queen's Bench judges in Alberta has fallen behind on a per capita basis compared to B.C. and Ontario, and that at least nine new judges are needed to help ease the backlog.
Some criminal trials are now being booked into early 2018, said Savage, which is more than double the standard of seven to 12 months recommended by the Supreme Court of Canada.
Kathleen Ganley, Alberta's justice minister, acknowledges the problem but said, "Only the federal government has the authority to appoint justices."
In a statement released Friday afternoon, Ganley said she is trying to get the issue addressed.
"I've raised this issue with my federal counterpart several times and will continue to advocate for these vacancies to be filled," she said.
"New appointments will help address pressures on the justice system by allowing more cases to be heard in a given day."
There are six vacant justice positions on the Court of Queen's Bench and only one new position has been appointed by the federal government in the last 20 years. Over that period Alberta's population has doubled.
There are four empty spots on the Court of Appeal as well.
- Alberta's judge shortage at 'crisis' level but feds have no timeline for resolution
- Alberta judge shortage at 'breaking point,' causing trial delays
- An earlier version of this story said some sexual assault cases in Calgary were being dropped due to the judge shortage. This was a misunderstanding. The province has clarified that the cases are not being dropped, but rather delayed, due to the shortage. May 14, 2016 5:26 PM