How many judicial stays for unreasonable delay are acceptable? In each case there is a tension between timeliness and the community’s desire to see criminals punished. In 2023/24, there were 14 stays for unreasonable delay including a Ponzi scheme case (the Miller case), a sexual assault case of which the alleged victim was a six-year-old girl, and a case involving “a Prince George man who allegedly filmed his stepdaughter to make child pornography,” reports Jason Proctor for the CBC.
Edward Hebditch, one of the alleged victims of the Miller Ponzi scheme that was dismissed for delay, told CBC News, “we have a justice system for the perpetrators, but we have an injustice system for the victims.” He further claimed that he was “left in the dark” regarding the court proceedings.
The CBC was able to obtain a response from each of the three main leaders of the provincial parties. NDP premier David Eby, Conservative Party leader John Rustad, and Green Party leader Sonia Furstenau all supported putting more resources into criminal justice. The NDP “announced plans to recruit up to 40 Crown prosecutors this year to target repeat violent offenders, as well as measures to recruit, retain, and train sheriffs.” John Rustad called for “urgent measures to address the resource shortages in the provincial court system.” Rustad further argued that the stays for delay were “a sign of a greater problem” where Eby claimed they are anomalous. The Green party is focusing on making legal jobs more attractive by, “improving pay and benefits for staff, while boosting legal aid resources for those who need it.” More generally, they say that they want to hire more judges, sheriffs, and Crown prosecutors while increasing legal aid resources.
But how much additional money is needed and where should the funds go? Delays in appointing judges have become a frequently reported problem. But resources for more systematic reforms would require sustained political support. The public case for systematic reforms has been well set out and we should all hope this window does not close before resources are found and steps are taken to improve outcomes.
Judge Ellen Gordon, reports the CBC, said this when she stayed the charges against Miller for the alleged Ponzi scheme: “Were the complainants all this court had to consider, a stay of proceedings would be rejected… however, it is the accused who is before the court and it is the accused to whom the constitutional guaranty of trial within a reasonable time applies.”
At a fundamental level the state must have a monopoly over punishment for criminal offences, but the public is not wrong to be offended when we fail. Justice has implications for both accused and victims and we must have a system that delivers to both.
