Province plans 50 per cent increase in prosecutors after union warns of N.B. court 'crisis'

Crown prosecution union welcomes 30 new positions, but worries about when positions will be filled

Image | Moncton Provincial Court

Caption: New Brunswick plans to hire 30 more Crown prosecutors to handle criminal cases in courtrooms like the one in Moncton. (Shane Magee/CBC)

New Brunswick is planning a significant increase in the number of prosecutors handling criminal cases after a union representing the lawyers warned of a crisis affecting court cases.
The province's budget includes money for 30 positions on top of around 61 that already exist. It would also add three more prosecutors to handle family court cases.
Kris Austin, the province's minister of public safety, told the legislature in late March it was a "historic" 50 per cent increase.
It follows warnings from the New Brunswick Crown Prosecutors Association that staffing had reached a crisis point which risked the collapse of the court system.
Shara Munn, president of the association, expressed cautious optimism this week about the budget. Munn called it a clear acknowledgement of the problem. But she said the biggest concern is a lack of clarity on when the positions will be filled.
"We know that certain locations are in crisis and continue to be so," Munn said in an interview Wednesday.
"Just announcing funding on budget day doesn't wave a magic wand and solve the problem."

Image | Shara Munn

Caption: Shara Munn, president of the New Brunswick Crown Prosecutors Association, says the union warned the government for years that their staff shortages had become critical. (Submitted by Shara Munn)

The union spoke publicly in February about concerns with staffing after a Moncton judge stayed a sexual assault case because the accused had waited too long to be tried.
The judge said some of the delays were caused by the Crown prosecutors office.
"I think right now the problem is we are risking collapse of the entire system if we allow more experienced prosecutors to leave, if we don't figure out ways to recruit and retain more prosecutors," Munn told CBC in February.
Days later, a judge in Fredericton stayed 25 charges against a former Fredericton car dealer because of delays.
A 2016 Supreme Court of Canada decision set a ceiling of 18 months to conclude criminal trials in provincial court, and 30 months in the Court of King's Bench.
New Brunswick's budget would also create two new specialized prosecution teams: an organized crime unit and a major cases unit in Moncton. It also plans to expand a unit that handles online child exploitation cases.
The province has yet to provide any details such as how much it will spend, where the positions will be located or when they will be filled. CBC requested an interview about the issue Wednesday but it was not provided.
Robert Duguay, a spokesperson for the province, said in an email that more details will be given when the justice minister presents the department's budget at a legislature committee in the coming weeks.

Experience concerns

Munn welcomed the new units, saying that prosecutors have been challenged handling daily cases at the same time as more complex files.
Munn said the units will likely be staffed by experienced prosecutors, something that could leave new or less experienced staff handling daily cases.
"I have nothing against new lawyers, new prosecutors. I was one myself," Munn said. "But again, when you're in office that's struggling to keep up with the day-to-day, the idea of training new prosecutors is also daunting."
The union president pointed to Moncton, where Munn said about half of prosecutors have less than five years of experience.

Image | Lawyer Gilles Lemieux

Caption: Moncton lawyer Gilles Lemieux agrees with the Crown prosecutors union that there's a crisis in the court system. (Shane Magee/CBC)

CBC asked several veteran defence lawyers about the measures in the budget.
Gilles Lemieux, a lawyer who works in the Moncton area and has handled complex and high-profile cases, said he's unsure how the new positions will affect the people he represents.
"How that's going to translate in the actual nuts and bolts operation, I'm not exactly sure. Right now the problems the Crown is facing, and the courts are facing, involve a lot more than just hiring a few bodies."
He said the problems include long delays early in the court process caused by slow disclosure from the Crown of its evidence. Without that information, lawyers tend to ask for a delay before they're ready to enter a plea or continue to trial.
Lemieux said he agreed with the Crown prosecutors union that there's a crisis in the court system.
"Is it because of a lack of staff or is it mismanagement? I don't know. It's hard to tell. They don't publicize what the problems are behind the walls."