Public safety and an underfunded justice system

Over the last several months, public interest in how the criminal justice system operates has been at an all-time high.

Crime reporting has long loomed large in newsrooms, but coverage and commentary on how the criminal justice system functions in Manitoba has become an important focus. There is a growing perception that the system isn’t delivering the outcomes the public expects that it should.

As a fundamental part of the criminal justice system, Crown attorneys know the system’s successes and failures intimately. As leaders of the organization that represents them, the Manitoba Association of Crown Attorneys, we’re keenly aware of the pressure faced by Crown attorneys working in a system that is perceived to be broken and — without question — is under-resourced.

We’ve noticed the Manitoba government has been active on the criminal justice front over the last several months.

Premier Wab Kinew is at the forefront, making numerous calls on the federal government to change the Criminal Code. The government’s recent throne speech also announced a task force focused on dealing with the scourge of methamphetamine and the enforcement of drug laws.

There is no doubt the provincial government understands the criminal justice system is a priority for Manitobans and they are trying to make the case they are leaders in delivering public safety.

As quasi-ministers of justice, we generally refrain from weighing in on public policy debates about criminal law in Canada. We work with the law as Parliament decides it should operate, regardless of which political party is in power. And Manitoba’s prosecutors know too well the havoc inflicted on our province by the presence of meth in our communities; any effort aimed at dealing with this problem is laudable.

Without question, the provincial government has a role to play in advocating for changes to the criminal justice system.

However, the advocacy of the provincial government lacks reflection on what can be done closer to home to strengthen the administration of criminal justice in Manitoba.

Diligent observers of the justice system will be familiar with MACA’s persistent calls for more Crown attorneys across the province. Crown attorneys are labouring under heavy workloads and, as a joint survey of MACA and the justice department outlined, they are experiencing significant levels of burnout.

New advances in technology, like police body cameras, are making the job of prosecutors more complicated given the massive volume of electronic disclosure. Cases have also become more complex with the need for more pre-trial motions. Furthermore, Crowns are expected to get the job done on stringent timelines set out by the Supreme Court of Canada in their landmark decision, R v. Jordan. More Crown attorneys are needed to get this work done.

But we’re not the only part of the system that is under-resourced.

There are significant staffing problems on the administrative side of our courts, where there are simply not enough clerks and other non-judicial staff to make the system function efficiently. Recently, the Free Press reported that staff shortages were forcing the province to reduce traffic court hours. Manitoba also has only 43 full-time provincial court judges, whose work stretches to virtually every corner of the province, and who hear most of the criminal law cases in the province.

Like the work of prosecutors, their deliberations have become increasingly complicated because of changes to technology and evolving demands on the court around timelines and pretrial proceedings.

Although they are our adversaries in the courtroom, we would be remiss if we didn’t talk about the challenges facing defence lawyers.

They must deal with the large volumes of disclosure that the Crown sends their way, including extensive new electronic disclosure. Tariffs paid by Legal Aid Manitoba to defence lawyers in private practice have been stagnant for years, and there has been a lack of serious review of how rates are paid.

This often leads defence lawyers to take on large caseloads to make a living. Clients of defence lawyers — and the system in general — suffer when these lawyers don’t have sufficient time to prepare for court. And those who are unrepresented take up more time and must be guided through the system by the Crown’s office and the court.

This system is hanging on only because of the commitment of all parties to the rule of law and the proper administration of justice.

The current government has made many promises to fund new initiatives during its time in office, and it’s clear the Kinew government is prepared to spend money on priority areas.

Of course, the resources of any government are not unlimited, but without serious, strategic investment in the criminal justice system, the case for Manitoba as a leader in delivering public safety is lacking in evidence.

Michael Desautels is president of the Manitoba Association of Crown Attorneys and has been a prosecutor for 20 years. Ben Wickstrom is vice-president (prosecutions) for the Manitoba Association of Crown Attorneys and has been a prosecutor for seven years. He previously worked in public policy for the provincial government.