Number of cases tossed due to delays hits all-time high in N.S. courts
CBC
The number of cases in Nova Scotia courts dismissed due to delays has already hit an all-time high in 2023, and the year isn't over yet.
As of July 31, 12 cases have been stayed by judges because they took too long — nearly double the total for the entire year in 2022.
One of the latest examples is a case in which a teenager was convicted of violently sexually assaulting a girl who was just five years old when the assaults began.
The Nova Scotia Court of Appeal, in a decision released late last month, ruled that the case had taken too long. The Appeal Court ruled that the trial judge failed to properly consider an application from the accused's lawyer to dismiss the case due to delays. The youth cannot be named because of a publication ban.
"I am satisfied the appellant has made out a violation of his constitutional right to be tried within a reasonable time," Justice Anne Derrick wrote for the three-member appeal panel.
The Supreme Court of Canada, in its 2016 Jordan decision, established firm deadlines for dealing with cases. In Youth Court, where the teenager's trial was held, that deadline is 18 months; the same timeline that exists for matters in provincial court. In superior courts, like the Nova Scotia Supreme Court, that timeline is 30 months.
So far this year, there have been 26 Jordan applications made in Nova Scotia courts. Judges have granted stays in 12 of those cases. In three cases, stays were entered by the Crown. And in four cases, judges dismissed the applications while seven cases are still pending.
"We understand the impact on victims and their families when a case is affected by the timelines the Supreme Court of Canada set in the Jordan case for unreasonable delay," Justice Minister Brad Johns said in a statement.
"No one wants to see this happen."
Johns said the government is working to improve capacity by adding more staff to the courts and the Public Prosecution Service.
"We are working collaboratively across the justice system to make improvements that will help ensure cases move through the system in a reasonable time," John said.
A variety of factors have contributed to delays that have led to Jordan applications, including a shortage of judges. There are currently two vacancies on the Nova Scotia Provincial Court. The situation has led to friction between the courts and the government.
One of those vacancies is Judge Rickcola Brinton, who presides in Dartmouth but has been on leave for a prolonged period.
In 2021, Judge Brinton heard the case of a registered sex offender, Brandon McNeil, who was accused of molesting two young brothers. McNeil faced serious charges, including sexual interference, sexual exploitation and sexual assault. While she conducted the entire trial, Judge Brinton did not render a verdict before going on leave which lead to an unreasonable delay.
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