Alberta gets new Court of Queen's Bench judges amid 'breaking point' shortage

Despite the announcement of newCourt of Queen's Bench judicial appointments in Albertaamid a shortage that's been described as a "crisis," the province's chief justice says it'sstill in a "desperate" situation.

The federal government announced four new judges for Alberta's higher court on Friday, as well as the elevation of two current QB judges who are now appointed to the Alberta Court of Appeal.

"I'm pleased with the quality of the appointments and welcome them all to the court," said Court of Queen's Bench Chief Justice Neil Wittmann."The problem I have is that they haven't made enough appointments."

He says they haven't even filled all the vacancies, let alone createnew positions.

Though there is a lot of movement, the appointments do not really add to theprovincialcomplement, rather they are all replacements for the judges who are heading to the appeal court and onewho becamesupernumerary, or semi-retired.

• Alberta's judge shortage at 'crisis' level but feds have no timeline for resolution
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On Friday, in criminalcourt in Calgary, defence lawyer Dick Cairns was not able to schedule a bail hearing for one of his clients and joked that it shouldn't be so difficult with the new appointments.

"We're still in the same position in Calgary," said Justice Beth Hughes.

Queens Bench judgesare appointed by the federal government, but only one judge has been added to the province's complementeven though Alberta's population hasgrown by about 50 per cent in the last decade.

"I'm very disappointed that they haven't filled all of the vacancies," said Wittmann. "We're desperate for a full complement of judges."

Alberta has the fewest Queen's Bench judges per capita in the country.

To match British Columbia's ratio, Alberta would need 11 more judges.

Judicial appointments

• Calgary Court of Queen's bench Justice Sheilah Martin isappointed to the Alberta Court of Appeal to replace Justice C. O'Brien, who retired in 2014.
• Edmonton Court of Queen's bench Justice Sheila Greckolis appointed to the Alberta Court of Appeal to replace Justice R.S. Brown, who was elevated to the Supreme Court in 2015.
• Edmonton Provincial Court Judge John Hendersonis appointed to the Alberta Court of Queen's Bench to replace Justice Greckol.
• Edmonton lawyer Douglas R. Mah, Q.C., with the Workers' Compensation Board, is appointed to the Court of Queen's Bench to replace Justice D.R. Thomas, who became supernumerary in 2015.
• Calgary lawyer Gillian D. Marriott, Q.C., withWiddowson Kachur Ostwald Menzies LLP is appointed to the Court of Queen's Bench to replace Justice Martin.
• Edmonton prosecutor Avril Inglisis appointed to the Court of Queen's Bench to replace Justice F.L. Schutz, who was elevated to the Court of Appeal in 2015.

Alberta's justice minister says she'spleasedwith the appointments and calls it a good "first step" in addressing the province's backlogged courts system.

"I will continue to work with my federal counterpart, Minister Jody Wilson-Raybould, to ensure that Alberta has the appropriate number of federally appointed judges to provide access to justice within the province," said Kathleen Ganley.

But with Greckol and Martin heading to the court of appeal,Wittmann notes another problem.

"We're losing very, very experienced and good trial judges and that's with some regret on our partbut we wish them every success," said Wittmann.

"The new people, as fine and as intelligent and I'm sure they'll be very good judgesthere's a learning curve in this job so we have to bring people along sooner rather than later to get them up to speed to give the public the service it deserves."

'It's still acrisis'

Wittmann told CBC News last October that the province'scourts are "literally at the breaking point," because ofthe shortage ofjustices, and in January he released a report detailing how existing judicial staff are working "well beyond capacity."

The chief justice said the system is so backlogged that some alleged criminals could end up walking free.

"There is now a real risk that extended lead times in criminal cases will result in juridical stays of criminal prosecutions," he wrote in the report.

The appointments "barely begin to address Alberta's judicialshortfalls," says Wildrosejustice criticScott Cyr.

"Law-abiding Albertans deserve to know that their justice system will be there for them when they need it," he said.

Canadian Bar Association president WayneBarkauskassays he plans to raise the issue with MinisterWilson-Raybould in joint meetings that are being held in Vancouver on Saturday.

"It's still a crisis," said Barkauskas. "We still need a lot more."

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