Chief justice warns Trudeau that judicial vacancies are putting criminal trials at risk

Chief Justice Richard Wagner is warning Prime Minister Justin Trudeau that a chronic shortage of judges in the federal court system is putting criminal trials at risk and could undermine public confidence in democratic institutions.

In a scathing letter dated May 3 and obtained by Radio-Canada, Wagner said he is "very concerned" by the high number of vacancies in the superior and appeal courts — 85 empty bench positions out of approximately 1,200.

Several courts across the country routinely operate with 10 to 15 per cent of their judicial positions vacant, Wagner said, and the process to fill these positions can take many months.

The chief justice said the situation threatens to undermine Canadians' confidence in the justice system and in all democratic institutions — because a growing number of criminal and civil cases are at risk of falling apart.

"The current situation is untenable and I am worried that it will create a crisis in our justice system, which is already facing multiple challenges. Access to justice and the health of our democratic institutions are at risk," Wagner wrote.

Chief Justice Wagner has spoken out in the past about the fragility of democratic institutions in a volatile international political climate. He wrote that federal Justice Minister David Lametti is already trying his best to address the shortage of judges.

"It is imperative for the Prime Minister's Office to give this issue the importance it deserves and for appointments to be made in a timely manner," Wagner wrote.

"The government's inertia regarding vacancies and the absence of satisfactory explanations for these delays are disconcerting."

Wagner also sent the letter to Lametti and Deputy Prime Minister Chrystia Freeland. He signed the letter as chief justice of Canada and president of the Canadian Judicial Council. He was appointed chief justice of the Supreme Court in 2017.

Since the 2016 Supreme Court ruling in R v. Jordan, courts have been required to deal with criminal cases within a period of 30 months, unless there are exceptional circumstances.

Chief Justice Wagner said judges across the country are being forced to prioritize certain cases to the detriment of others that should still be heard.

"Many chief justices say that as part of their efforts to respect the timelines prescribed by Jordan, they are actually forced to choose the criminal matters that 'deserve' to be heard," he wrote.

"Despite their best efforts, stays of proceedings are pronounced against individuals accused of serious crimes, such as sexual assault or murder, because of delays that are due, in part or in whole, to a shortage of judges."

In Alberta, for example, almost a quarter of criminal cases — most of them related to "serious and violent" crimes — exceed the 30-month timeline, Wagner wrote.