N.S. court backlog worsening due to COVID and the 'Jordan ticker'
CBC
Every day, Crown attorneys in Nova Scotia walk into work with the "Jordan ticker" on their mind, as they sift through cases — from homicide to sexual assault — and try to determine which are at risk of being dropped.
The number is alarmingly high, with 1,046 pending cases currently over the so-called Jordan threshold in provincial court — a 187 per cent increase from 364 cases in 2020. In Nova Scotia Supreme Court, there are 68 criminal matters currently over the threshold, an increase of 84 per cent from 37 cases in March 2020.
"It does concern me primarily because there would be many cases where the public would likely be very concerned about a case not being able to be properly tried before a court and decided by a judge," said Kentville Crown attorney Dan Rideout.
The Jordan decision is a 2016 ruling of the Supreme Court of Canada that sets a limit of 18 months between the laying of charges and the actual or anticipated end of a trial in provincial court. In superior courts, the ceiling is 30 months.
CBC obtained the latest statistics in Nova Scotia through a Freedom of Information request. Between July 2016 and June 2021, there have been 48 applications seeking a stay of proceedings in Nova Scotia under the Jordan guidelines. Eight cases have been dropped as a result, including three sexual assault cases, two impaired driving charges, a voyeurism charge against a family physican and a break and enter case.
Rideout said he's not surprised by the current number of cases hovering over the threshold because he sees the delays on a daily basis.
"There is such a backlog of cases because there's not enough resources to be able to deal with them," he said. "The Crown attorneys are focused on that, and we're already working evenings and weekends to address these delay issues on these important cases because we feel both a moral and ethical responsibility."
The Jordan argument can only be used if the prosecution caused unnecessary delays in a case. Typically, the defence would make the application for a stay of proceedings.
"Prior to COVID, we were in a situation where there was a large backlog, Jordan was still being dealt with and then the pandemic hit, and all of those cases just kept piling up and piling up as the courts closed," said Rick Woodburn, Halifax Crown attorney and president of the Canadian Association of Crown Counsel.
"And now we're reaching a critical point where that tsunami of cases — the ones before the pandemic, the ones during the pandemic and the ones occurring now — are all starting to flood the courts and flood our offices."
Woodburn said he's hearing a similar story in jurisdictions across the country.
CBC obtained a copy of the briefing book for Nova Scotia's new justice minister. Among other things, the document outlines staffing issues caused by the pandemic.
"The workload of Crown Attorneys continues to increase and Crown Attorneys are feeling the pressure," said Martin Herschorn, director of public prosecutions, in the briefing.
"Management has received reports over the last year of our more senior Crown Attorneys experiencing burnout and our more junior Crown Attorneys feeling overwhelmed. We have seen several early retirements and a number of medical leaves as a result."
For years, there has been “glaring inequity” in the way the province has allocated the millions of dollars in its county roads budget, according to Department of Transportation Minister Chuck Chiasson.
Six months after passing a law aimed at making it easier for new grocery stores to open, Manitoba's premier says lower grocery bills could be on the horizon.
Timothy Smith was acting in self-defence when he punched Landon Waddell, and shouldn't be found guilty of manslaughter, his lawyer says.
Thoroughbred horse racing at Vancouver’s Hastings Racecourse is ending after more than a century, with the operator announcing Friday it will no longer run a racing season at the historic facility.
A memorial to remember lives lost to gender-based violence was held in Charlottetown Friday, ahead of the National Day of Remembrance and Action on Violence Against Women, which is marked annually on Dec. 6.
A Calgary dentist who defrauded five insurance companies over a decade should spend up to three years in prison, the prosecution argued Friday.
B.C. Conservation Officer Service says it has called off its search for a bear responsible for an attack on a group of school children in Bella Coola, B.C. on Nov. 20.
The union president called it a rally for solidarity as Iqaluit Housing Authority employees gathered Friday while negotiations are ongoing between the Nunavut Employees Union and the employer.
The federal government is stoking Quebec separatism by walking back its climate commitments — including in its recent deal with Alberta — Liberal MP and former cabinet minister Steven Guilbeault says.
Four more Alberta MLAs are facing recall petitions organized by their constituents, including the first NDP representative to be caught in the province's ongoing wave of recall efforts.
Frank Gehry, the Canadian-born renegade architect behind some of the world's most recognizable buildings, has died at 96.
Hundreds of P.E.I. parents can't find child-care spaces, especially for infants. The provincial government says expanding those spots remains a top priority — and it recognizes the concern.
An Alberta judge says a referendum proposal on Alberta separating from Canada goes against Charter and and Treaty rights, in a decision given less than 24 hours after the provincial government introduced legislation that would have ended the court proceeding.