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Increased number of homicides doesn't bode well for overworked N.L. prosecutors, association says

Numbers provided by the provincial director of public prosecutions show there are 17 homicide files before the courts in Newfoundland and Labrador.

There are 17 people charged with either manslaughter or murder

A man in a suit jacket is sitting in front of a bookshelf.
Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys' Association, says prosecutors are having difficulty keeping up with an increase in workload. (Mark Cumby/CBC)

There are 17homicide cases before the courts in Newfoundland and Labrador, and the head of the association that represents localprosecutors saysthe higher-than-normal caseloadwill be difficult to handle.

Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys' Association, told CBC News homicide files take a lot of preparation.

"You need people withexperience, and two Crown attorneys are going to be prosecuting a homicide," Patten said.

"It's going to be very difficult for our membership to keep up with the increase."

Director of public prosecutionsLisa Steadcould not confirm whether the province is facing its highest number of homicide cases at any given time, as they"don't keep those types of statistics."

But in a statement to CBC News, Stead acknowledged, "It is a high number as compared to total number of homicide prosecutions in recent years."

A previous internal government briefing note obtained by CBC News through an access-to-information request showed there were 13 ongoing homicide cases in 2020,nine in 2018,six in 2015and 10 in 2012.

The number of ongoing homicide cases does not include appeals, or cases involving death by other alleged criminal activity such as impaired driving or criminal negligence causing death.

Stead said she couldn't comment on whether there are other homicide cases for which advice is being sought.

Boost to salaries a help

Patten said his association has been advocating for two things: salaries comparable with other jurisdictions and an increase in resources.

In April, the province responded by boosting prosecutors' salaries which have lagged behind those in other provinces by over $1.5 million. Their salaries are now more in line with Nova Scotia, but prosecutors there are currently negotiating for more moneyto account for an increase in the cost of living.

Patten commended the province for listening to their concerns but said money is just one piece of the pie.

"We've essentially got the same amount of lawyers more or less that we've had within the last 10 years, but our file loads have actually doubled," Patten said.

"On top of that, not only have the files doubled, we're seeing more severe and extreme crime."

A report released in July by Statistics Canada backs that up.

Between 2021 and 2022 in Newfoundland and Labrador there was a six per cent increasein the crime severity index, whichtakes into accountthe change in volume of a particular crimeand the relative seriousness of that crime in comparison with others. It has risen21 per cent in the province over the last decade.

"I acknowledge that the increase in salaries are going to help with retention and recruitment. That's a long-term thing," said Patten.

"But certainly if people are just going with attrition and you're recruiting new people to replace them, that's not necessarily going to help us with the increase in file load that we've seen over the last 10 years."

A man is wearing a dress shirt and is sitting in a wooden prisoner's box. His hair is gelled back on top, with the sides closely cropped.
Craig Pope's case is the oldest of all homicide cases before the courts in Newfoundland and Labrador. Pope is awaiting a second trial for second-degree murder in the 2017 stabbing death of Jonathan Collins in St. John's. (Sherry Vivian/CBC)

Other jurisdictions in Canada have acknowledged the need for more resources to prosecute severe cases. In June, the Manitoba government pledged $3.4 million to add 25 more Crown attorneys in response to workload and workforce issues.

New Brunswick promised to increase the number of prosecutors by 50 per cent after the association of Crown attorneys there warnedthat staffing hadreached a crisis point that risked the collapse of the court system.

Stead said Newfoundland and Labradorisn't at risk of dropping cases involving lesser offences in order to prosecute more serious cases, like homicides.

"It is important to remember that when we say a prosecution is active, it can be at any stage of the proceeding, from a charge being recently laid up to and including waiting for a judge to impose sentence," Stead wrote in an emailed statement.

"All of these 17prosecutions are at different stages before the courts.As well, these prosecutions are occurring across several judicial centres in the province."

Stead said there are two temporary vacancies for Crown prosecutorsin western Newfoundland related to parental leave that the office hasn't been able to fill. There are three vacant positions in two of the St. John's offices, Stead said, and she hopedthose would be filled in the coming weeks.

A man is pictured on a video screen.
Kirk Keeping has been in custody since January 2019, awaiting trial for first-degree murder in the death of his former partner, Chantel John. (CBC)

Most of the cases 11 of the 17 will be heard in St. John's, where the offences are alleged to have occurred (including one in Mount Pearl). With the exception of one, all of the accused are men. Three of the cases are in Labrador.

Current homicide cases before the courts:

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