Talk is Cheap for Judges Secure in Their Positons on the Bench and the Temporary Justice Ministers Who Appoint Them then Often Become Judges As Well

http://www.cbc.ca/news/canada/saskatoon/chief-justice-slams-federal-government-court-vacancies-1.4068702

'Talk is cheap': Chief justice slams federal government's failure to fill court vacancies

101 Comments
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Ben Smith

Fact, life is always harder under the Liberals.

David Raymond Amos

@Ben Smith "Talk is cheap" is the correct title for this article in oh so many ways

Jeannette Llody

@Ben Smith Fact: there isn't any significant difference between the behavior of Liberal Governments and Conservative Governments.

David Raymond Amos

@Jeannette Llody I second that opinion

David Raymond Amos @Ben Smith Lets check the work of this judge's political pals

http://www.cbc.ca/news/canada/saskatchewan/popescul-appointed-top-qb-judge-1.1106832

"Popescul practiced law in Prince Albert before being appointed a Queen's Bench judge in 2006. (By Toews)

He was appointed chief justice by Prime Minister Stephen Harper."

http://www.justice.gc.ca/eng/news-nouv/ja-nj/2014/doc_33057.html

"OTTAWA, March 7, 2014 – The Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice and Attorney General of Canada, today announced the following appointment:

The Honourable Victor E. Toews is appointed a judge of the Court of Queen’s Bench of Manitoba to replace Mr. Justice D.P. Bryk, who elected to become a supernumerary judge as of February 16, 2014."

 
Mack MacEven

They are having trouble finding enough Liberal party members who are also judges to fill them. No joke folks, that's the hold up.

Greg Williams

@Mack MacEven And under the Cons there was no problem appointing judges! MacKay had no shortage of friends to appoint!

mia stalling

@Greg Williams
like Robin Camp

kathy powell briand

@Mack MacEven
So you have no idea how judges are appointed, in other words.

David Raymond Amos

@Mack MacEven FYI They only have to be lawyers and there are legions of them who want the cushy jobs

David Raymond Amos

@Greg Williams That may be the understatement of the year

Mack MacEven

@Greg Williams

Yup.

Mack MacEven

@kathy powell briand

No, apparently you don't.

Mack MacEven

@David Raymond Amos

For your information common sense tells us that they have to be Liberal lawyers/ Otherwise it would be done by now.

Jimmy Jack

Well, I think it's becoming clear what it is going.
The Liberals never like putting criminals in prison. Their focus has been on the poor criminal for decades already.
By not appointing judges, the system is forced to just start letting them go....and that is what's happening.
Of course, we can also give thanks for our of-so-great (ya) SCoC for helping them in their quest.

kathy powell briand

@Jimmy Jack
Judges do other stuff besides criminal matters you know. Civil suits, divorces..From April 10 to May 18 the Regina docket showed 16 criminal matters and 19 civil matters.

David Raymond Amos

@kathy powell briand Try a query of the docket records of the Federal Court of Canada with my name

 
Joan MacDonald

The Liberals are too busy you know. Shortening their work week is a priority.

kathy powell briand

@Joan MacDonald
Really ? THAT'S the level of your understanding of the rule changes ?

Pete Shartin

@kathy powell briand

this is just another total failure by the trudeau faction , seems like some people are comfortable with liberal failure

David Raymond Amos

@kathy powell briand My understanding of the matter is pretty good How about you?

 
Wayne Ouellette

Here comes the Judge, here comes the Judge, here comes the liberal Judge. Would love to see some of the pre screening criteria.

kathy powell briand

@Wayne Ouellette
Nothing easier--
http://www.fja-cmf.gc.ca/appointments-nominations/index-eng.html

It's not like it's s big secret...

David Allan

@kathy powell briand

Doing research and posting facts is considered unfair by conbots.

Pete Shartin

@David Allan

trudeau gave 372 million taxpayer dollars to his buddy at Bombardier who is a board member of the trudeau foundation , liberal MPs are having their foreign travel paid for by the .........you guessed it - the trudeau foundation

adscam part deux

David Raymond Amos

@kathy powell briand This legal matter is not a secret either but the CROWN has not published the decisions for political reasons.

http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All

http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=All

 

 
jimmysinclair

And yet another Trudeauian fail.

kathy powell briand

@jimmysinclair
Only if you think it's wrong to appoint qualified people rather than political cronies..

David Raymond Amos

@kathy powell briand Perhaps you should check my work in Federal Court?

 

Don Cameron

".......he's been assured repeatedly that action will be taken, but nothing changes."
"I've been told that for a number of months and talk is cheap," he said."

This sums up much of what we've seen from Trudeau's Libs over the last 18 months.

mia stalling

@Don Cameron
well cons did nothing for 10so they have plenty of time yet

David Raymond Amos 

@mia stalling Do a fact check I believe that most of the judges now sitting on the benches all over Canada except the Supreme Court were appointed by the Harper Regime. Hence the Justice system will be haunted by politically vetted Conservative cronies for many years to come.

http://www.theglobeandmail.com/news/politics/stephen-harpers-courts-how-the-judiciary-has-been-remade/article25661306/

Although I am no fan of Liberals and their schemes I take pride in being fair with my criticism. So for what it is worth in my humble opinion their new plan ain't bad Its just that they are being far too slow and I also have a pretty good idea as to why that is.

 

Greg Proctor

"Talk is not cheap"
Every time Jr. opens his mouth it costs us a lot of money.

David Raymond Amos

@Greg Proctor Now thats funny

'Talk is cheap': Chief justice slams federal government's failure to fill court vacancies

Sask. could be forced to dismiss serious criminal cases due to shortage, says Martel Popescul

By Jason Warick, CBC News Posted: Apr 13, 2017 5:00 AM CT 

Martel Popescul, Chief Justice of Saskatchewan's Court of Queen's Bench, says the federal government is failing in its obligation to fill vacancies on the court. (Jason Warick)

The Chief Justice of Saskatchewan's Court of Queen's Bench is blasting the federal government for failing to fill vacancies in Saskatoon, Regina and Battleford.

In a rare interview, Chief Justice Martel Popescul said Saskatchewan could soon be forced to dismiss serious criminal cases because of a shortage of justices on the bench.

"The government has to step up to the plate and respond to their responsibility to fill the vacancies in a timely fashion, which thus far they have not done in this province," Popescul told CBC News this week.

Government promises action but doesn't deliver: Popescul

Popescul said he's been assured repeatedly that action will be taken, but nothing changes.

"I've been told that for a number of months and talk is cheap," he said.

No one from the federal Department of Justice was available for comment Wednesday.

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

Three vacancies of the total complement of 33 have lingered for up to 18 months and counting, Popescul said. He said the remaining justices and court staff have worked extremely hard to compensate for the shortage, but the pace is not sustainable.

"That's the number that's needed to fullfill the job. When vacancies are not filled, it does create problems," he said.

"That starts to put a strain on the system."

Plenty of qualified candidates

Popescul, who hails from the southern Saskatchewan town of Bengough and is a graduate of the University of Regina and University of Saskatchewan, was appointed chief justice in 2011. He said there are plenty of qualified candidates. He said the delay is likely the appointment process put in place under Prime Minister Justin Trudeau's government.

Last year, in the case of "R v.Jordan," the Supreme Court of Canada set time limits for serious criminal cases to be completed — 18 months for provincial court matters and 30 months for higher courts. Murder cases in Alberta and Ontario have already been thrown out as a result.

• Supreme Court sets new deadlines for completing trials
  
• Alberta judge shortage at 'breaking point,' causing trial delays
  

Popescul said there's no chance of that happening in Saskatchewan at the moment. He said that could change quickly if the vacancies linger and other justices retire.

There's currently one vacancy in each of Regina, Saskatoon and Battleford.

The Saskatchewan government appoints provincial court judges. All Court of Queen's Bench and Saskatchewan Court of Appeal Justices are appointed federally.

 http://www.cbc.ca/news/politics/jody-wilson-raybould-jordan-ruling-meeting-blame-1.4071227

Justice minister says upcoming court delay meeting 'not about appointing blame'

Provinces adding pressure to appoint more Superior Court judges

By Catharine Tunney, CBC News Posted: Apr 15, 2017 5:00 AM ET

 

Federal Justice Minister Jody Wilson-Raybould said she's committed to holding a meeting in late April to help co-ordinate solutions around court delays. (Sean Kilpatrick/The Canadian Press) 

Canada's justice minister says laying blame shouldn't be on the agenda when she sits down with her provincial counterparts at the end of the month.

The ministers will discuss how to deal with the fallout caused by a controversial Supreme Court ruling last summer aimed at limiting trial delays.

• Ottawa calls meeting of justice ministers to deal with Jordan ruling fallout
• A 1st in Quebec: Man accused of murder has case stayed due to Jordan ruling
• Listen to CBC Radio's The House

The so-called Jordan decision has generated chaos in courtrooms across the province.

In July the Supreme Court of Canada ruled that a reasonable delay to trial is no more than 18 months in provincial court and 30 months for cases before the Superior Court.

Those time limits have resulted in some serious cases being thrown out of court, including a case in Quebec earlier this month where a man accused of killing his wife had his charges stayed because the case took too long to get to trial.

Since then there's been public disputes about how to fix the problem. The provinces have been arguing Ottawa needs to quickly fill judicial vacancies in federal superior courts.

'Administration of justice is a shared responsibility.' - Jody Wilson-Raybould

But justice minister Jody Wilson-Raybould says much of the onus remains with the provinces, given that most criminal cases fall within their jurisdictions.

"This isn't about appointing blame in my view. This is about us as attorneys general working collaboratively to ensure we do everything we can to change the culture in our courts," she told CBC Radio's The House host Chris Hall.

"Administration of justice is a shared responsibility. Ninety-nine per cent of the criminal cases are before provincial judges."

Wilson-Raybould said she's hoping the provinces and territories can learn from each other when they sit down in the next few weeks.

"We can share the best practices that we, in our individual jurisdictions, have been advancing, we can learn from each other, and we can ensure that we are coordinating all the good work that's happening, but also identify where we can make improvements," she said.

"There's a common criminal code that applies in every jurisdiction in the country and some jurisdictions have more delays than others. And we need to understand why."

Criminal Code review needed: Ontario

For provinces, the reality of dealing with the Jordan decision has proven to be a painful one.

"The Jordan decision has been a game changer," Ontario attorney general Yasir Naqvi told The House.

In the aftermath of the Supreme Court's decision last July, Ontario Attorney General Yasir Naqvi announced an additional 13 provincial judges would be appointed, and the province would hire 32 more assistant Crown attorneys, 16 duty counsel and 26 court staff. (Chris Young/Canadian Press)

In the aftermath of the Supreme Court's decision, Ontario announced an additional 13 provincial judges would be appointed, and the province would hire 32 more assistant Crown attorneys, 16 duty counsel and 26 court staff.

Naqvi has also suggested eliminating preliminary inquiries for non-serious cases.

"We need to work really hard, as a collective, to ensure that we do not get into a situation where there is an erosion of trust by the public in our justice system," he said.

He added that Ottawa could help by filling judicial vacancies faster, and exploring fundamental changes to the justice system.

"The real set of solutions lies in reform of the criminal code," Naqvi argued. "We can start a national conversation and start looking at bold reforms that deal with structural issues in criminal law."

Quebec is also adding pressure to appoint more justices. Justice Minister Stéphanie Vallée maintains delays in the upper courts — which hear more serious crimes, such as murder — are Ottawa's responsibility.

Vallée accused the federal government of dragging its heels on filling 14 judicial vacancies on Quebec's Superior Court. 

"We've been waiting for these positions to be filled for quite a long time," she told CBC Montreal Daybreak on Monday.

Manitoba looks for OK from Ottawa

​Manitoba hasn't had to stay any cases yet because of the Jordan decision, but Justice Minister Heather Stefanson said they know that time is coming.

Manitoba Justice Minister Heather Stefanson says that without a solution, stays as a result of the Jordan ruling "are only going to get worse." (CBC)

She's already written to Ottawa to ask permission for Manitoba to conduct a four-year pilot project to see if replacing preliminary hearings with an out-of-court discovery process to reduce court backlogs.
She'll be looking for the green light from the federal government at the emergency meeting this month.
"It still allows defence attorneys to call witnesses, but it's just not done in the form of a preliminary inquiry. Those preliminary inquiries are causing significant court backlogs," she explained to Hall.
"This is what we believe is a more moderate, balanced approach to what we need."