Quebec promises up to $200M for justice system to address backlog

QuebecJustice Minister Stphanie Valle is promising up to $200 million more for the province's justice system in the wake of high-profile criticism from two of the province's leading judges.

Vallerevealedthe new funding late Friday afternoon, telling Radio-Canada thatbetween $160 million and $200 million will be added to the justice system over the next four years to help it modernize and deal withbacklogged cases.

The money could be used to hire additional judges, prosecutors, special constables and support staff, or to open additionalcourtrooms.

The new funds respond towarnings from two Quebec Superior Court chief justices in recent daysabout the state of Quebec's judicial system and widespread concernthatthebacklog in Quebec's court systemcould result in people accused of serious crimes walking free.

Chief usticeJacques R. Fournier and senior associate chief justice Robert Pidgeon broke with traditionto speak out about the need for fundsandexplain the effect of aJuly Supreme Court of Canada ruling on reasonable delays.

In that ruling, Canada's top court set a strict time limit of 30 months for Superior Court cases to be completed, from the time the charge is laid to the conclusion of a trial. Provincial court trials should be completed within 18 months of charges being laid, but can be extended to 30 months if there is a preliminary inquiry.

• Supreme Court sets new deadlines for completing trials

At least 70 requests for a stay of proceedings could be filed shortly by defence lawyers with Quebec Superior Court alone.

Radio-Canada says Quebec's director of criminal prosecutions has received 222 requests for a stay of proceedings due to unreasonable delays, a number that others say could bejust the tip of the iceberg.

At least 12of the 33 people accused of corruption alongside ex-Laval mayor Gilles Vaillancourt are asking for the charges against them to be thrown out because of the three years it's taken to bring themto trial.

Vaillancourt pleaded guilty Thursday tofraud,breach of trust and conspiracy to commit fraud, dating back to histime as mayor.

• Quebec court delays lead to cases against alleged criminals being dropped

More funding essential

While acknowledging that the Supreme Court of Canada decision does represent an"open bar" for those seeking a stay of proceedings, it does highlight significant issues that need to be addressed, Pidgeon said.

"We're back in the Stone Age when it comes to judicial services,"PidgeontoldRadio-Canada.

"Until only recently, transcripts of court proceedings were recorded by pencil in a notebook."

He said the province's courts are doing what they can to improve efficiency, but they needfunding from theQuebec governmentto relieve congestionand modernize.

In early October, Quebec Justice MinisterStphanie Valle announcedshe and the province's top judges and lawyers had worked out a plan to speed up access to the courts. Butcritics say funding for those measures is not being made available quick enough.

Fourniertold Radio-Canada thatfunding for Quebec's courts has not risen significantly in the last 25 years, despite a 20 per centincrease in the province's population.

• Quebec works to curb long waits for court dates

Bench vacancies andmega-trialsdon't help

Fournier said long delays in judicial appointments aren't helping the backlog in Quebec's courts and called for vacancies on the bench to be filled within a month.

He said there are six vacancies on the Quebec Superior Court that need to be filled by the end of February 2017. Three other positions created by the Quebec government also need to be filled.

• Justice system can't wait for judicial appointments review, say judges

Mega-trials have also hindered the province's justice system, Pidgeonsaid, referring to 2009's Operation SharQc as a case in point.

The wide-scale police sweep targeted biker gangs in Quebec and resulted in the arrests of more than 150 people.

"In 2010-2011, we had the best turnaround time in Canada, in my opinion," Pidgeon said. "And then Operation SharQc resulted in several indictments and caused delays to grow longer."

"In my opinion, these mega-trials should be avoided," he added, saying they are too difficult to manage. "When you have 34 accused, the task becomes enormous and practically impossible."

Culture shift required

Other than funding, Pidgeon said changes in judicial culture and practice are also required if the system is to become more efficient.

Such changes are already underway, including pilot projects designed to modernize preliminary hearings.

Pidgeon also said better case management by judges can help the judicial process run more smoothly andleaves lawyers less latitude in the conduct of cases.

"Judges guide the conduct of the case. This is a change of culture," he explains.

"We're tightening the screws. If we're allowed three months for a case that I believe can be tried in three weeks, I don't see why it should last three months."

Pidgeon also said judicial mediation should also be given precedence.

PQ calls for action

On Friday, the Opposition Parti Qubcoisrepeated the justices' call for immediate government action.

In a news conference, PQ justice critic VroniqueHivonaccusedthe government of threatening the security of Quebecers.

"We're learning that dozens of murder cases are at risk because of unreasonable delays and the carelessness and inaction of the present government and the minister of justice," Hivon said.

She askedValle to clarify her plans.

"What will she do to stop this hemorrhage and ensure that accused criminals do not get off on a matter of procedure, because of unreasonable delays?" Hivon said.

The PQ requested an emergency debate on the matter in the National Assembly, but that motionwas refused.