Pointing to an increasingly heavy and complex caseload, Ontario鈥檚 chief justices are urging the federal government to hire more judges.听
鈥淪imply put: there are not enough judges to meet the demands of the cases in the system,鈥 said Superior Court Chief Justice Geoffrey Morawetz at the annual opening of the courts ceremony Thursday at Toronto鈥檚 criminal courthouse, where the province鈥檚 top judges provide an update on the state of affairs in their respective courts.听
The Superior Court handles all civil cases, some family matters, and the most serious criminal cases. Morawetz warned that the lack of judges is impeding his court鈥檚 goal of delivering timely justice.听
鈥淭he stakes are high,鈥 Morawetz said. 鈥淲ithout timely justice, the health and well-being of families and children are in jeopardy. Without timely justice, criminal cases are at risk of being stayed 鈥 never having been heard on their merits. And without timely justice, Ontario鈥檚 economic stability in the area of civil justice is threatened.鈥
He said his court鈥檚 judges 鈥渇ace heavier caseloads, more plentiful evidence and far more self-represented litigants,鈥 all of which require more time.听
The call for more judicial resources was echoed by Chief Justice Michael Tulloch of the Ontario Court of Appeal, who said Thursday that his court鈥檚 complement of judges 鈥 a number allotted by the federal government 鈥 鈥渞emains significantly under-resourced鈥 compared to other provinces.听
鈥淭he retirement of several of our judges, with more expected to follow, makes this challenge particularly pressing,鈥 he said.听
Tulloch highlighted that Ontario represents one-third of the country鈥檚 population and is Canada鈥檚 commercial hub, and that the province鈥檚 courts handle an 鈥渆xtraordinary range of cases鈥 whose outcomes can have an impact beyond Ontario鈥檚 borders.听
鈥淓nsuring Ontario鈥檚 courts are properly resourced is thus not just a provincial concern 鈥 it is a national imperative,鈥 Tulloch said.
The public became especially familiar with the issue of the chronic lack of judges last year as a number of serious criminal cases 鈥 including charges of child sexual assault, gun possession, and human trafficking 鈥 to hear the cases within a timely manner.听
After years of criticism for its slow pace, the previous Trudeau government finally began appointing judges at a much faster pace during the former prime minister鈥檚 last year in office; so far, the government of Mark Carney has only appointed three judges in Ontario, all in London.听
Deputy federal justice minister Shalene Curtis-Micallef, representing Justice Minister Sean Fraser at Thursday’s ceremony, told the chief justices she had been taking notes during their speeches.听
“I have heard the pointed questions and comments from the bench, so I will take all of that back with me,” she said.听
The chief justices not only signaled a need to quickly fill vacancies created when judges retire or go part-time, but to add entirely new positions to the province鈥檚 complement of judges. It comes at a time when the Superior Court is looking at ways to fundamentally reform its civil justice system to make it more efficient.
鈥淎ccess to justice requires a civil justice system that is effective, timely, relevant and responsive,鈥 Morawetz said. 鈥淐urrently, we do not have that, and our province鈥檚 economic interest and our country鈥檚 national interests, now, more than ever, requires a timely and accessible civil justice system. Access to timely civil justice is a cornerstone of a well-functioning market economy. The public demands change. We must 鈥 and we will 鈥 do better.鈥
Ultimately, he said he would like to see the court able to provide a resolution to a dispute within two years of the case entering the system.听
鈥淎mbitious 鈥 yes,鈥 he said. 鈥淏ut maintaining the status quo poses the greatest risk of all.鈥
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