Rise in homicide cases adds more pressure on stressed prosecutors

Newfoundland and Labrador's justice minister has been warned in a briefing note that prosecutors in the province, already burdened by an increase in workload, are facing pressure linked to the number of active homicide cases.

The details are spelled out in a document prepared for Justice Minister John Hogan on Sept. 21. CBC News obtained the briefing note through access to information.

There are 5,012 outstanding criminal files in the eastern region of the province, the document says. By comparison, there were 3,943 such files in February 2020. 

"This represents a 20 per cent increase in the workload of Crown attorneys since the beginning of the COVID-19 pandemic, despite no increase in Crown resources," the document says. 

"Given the increased judicial and public scrutiny on homicide cases, they require significant focus from Crown attorneys. For instance, investigative reports and evidence summaries may take weeks to review due to their complexity."

Analysis provided in the briefing note says the Public Prosecutions office has 13 ongoing homicide cases. By comparison, there were nine reported in 2018; six in 2015; and 10 in 2012. 

Just four of those cases date back prior to the pandemic, and five are in Labrador. 

Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys' Association, said the office is lacking experienced, mid-level and senior lawyers to take on big cases. 

As per the Lamer Inquiry, sparked by the wrongful convictions of three Newfoundland men, two Crown prosecutors must be assigned to each homicide file. 

"It's not tough to find a couple of lawyers to do the file. The concern from the association's perspective is the depth of the Crown attorney's office, especially the eastern regions," Patten said in a recent interview.

Patten said about 50 per cent of the prosecutors in the Crown's office have five years experience or less, which is not conducive for more complex cases like homicides.

The issue, he said, lies with retention of junior lawyers.

"We're getting lawyers coming into the department for two or three years and moving on either for more competitive salaries, for example Nova Scotia, or for workloads they find that are more manageable," Patten said.

According to the Nova Scotia Crown Attorneys Agreement, lawyers with less than one year of experience earn more than $80,000. Prosecutors in Newfoundland and Labrador start closer to $50,000 annually.