Top judges ‘turning the page’ after lawyer complaint, will continue to push for reform

Hey there, time traveller!
This article was published 08/06/2017 (3036 days ago), so information in it may no longer be current.

They’ve come under attack from several directions and been the subject of a federal investigation questioning their ethics. But Manitoba’s top judges say they won’t let that stop them from pushing for judicial reform going forward.

Court of Appeal Chief Justice Richard Chartier and Court of Queen’s Bench Chief Justice Glenn Joyal told the Free Press they will soldier on now that they’ve been cleared of any wrongdoing by the Canadian Judicial Council.

“We don’t take this personally. We’re turning the page. All the people who speak out against the preliminary inquiry (proposal), we accept that and we’re going to continue to work with them. We don’t see this as an issue of us against them,” Joyal said Wednesday.

However, at least one member of the legal community did make it somewhat personal with the anonymous complaint to the CJC. There were even rumours the complaint may have come from another judge, although Chartier and Joyal were quick to dismiss that.

Both men made no apologies Wednesday for consulting with provincial Justice Minister Heather Stefanson and then sending their proposal to federal Justice Minister Jody Wilson-Raybould about looking for solutions in what they call an “increasingly complex system.”

“This is about judicial leadership, and about the chief justice’s capacity to continue to participate in a meaningful way to affect systemic change,” said Joyal.

“This is also about judicial independence. Everyone recognizes the judiciary has to be kept separate and distinct from the other branches of government. But that doesn’t mean the judicial branch isn’t part of the justice system. We are,” added Chartier. “The status quo is unacceptable. There are parts of the justice system that aren’t meeting the needs of the stakeholders involved. We’re going to continue doing what we’re doing in collaboration with everyone.”

Joyal said he knows their idea isn’t for everyone — the Canadian Bar Association sent a letter to Wilson-Raybould in March, urging her to reject the idea to eliminate preliminary hearings. They propose alternative suggestions to reduce delays, including appointing additional judges, providing more legal aid, eliminating mandatory sentencing and using alternatives to court to deal with minor charges. They cite value in preliminary hearings, including reducing the potential of wrongful convictions.

“Reasonable people can disagree. It was always our intention, if we received the green light on our proposal, to always go back and refine it with the stakeholders,” said Joyal.

All of this comes in the wake of last year’s Supreme Court of Canada decision that set new time limits for criminal matters to make their way through justice systems across the country. Provincial court matters must now be completed within 18 months after charges are laid. Superior court cases — Court of Queen’s Bench in Manitoba — have a 30-month limit.

Cases that take longer are now presumed to have violated an accused person’s right to a trial in reasonable time unless the Crown can prove exceptional circumstances. Several legal challenges follow, which includes multiple criminal cases being thrown out of court as a result of judicial delay.

Joyal said they are anxiously awaiting to hear back from Ottawa.

“The minister of justice is working in good faith with her provincial counterparts. This is one of the things on the table. We have every confidence it’s going to get full consideration,” he said.

mike.mcintyre@freepress.mb.ca