'Work to be done' to ensure timely trials, top court judge says in Moncton

The chief justice of the Supreme Court of Canada says there's been progress ensuring trials are completed in a timely manner, but work remains to be done.

Richard Wagner said the 2016 Jordan decision, which set timelines for trials, was a wake-up call for governments.

"Since the Jordan decision, there has been a lot of investment by provincial and federal governments in the justice system, in the development of technology, for example, in the appointment of judges, the creation of courts, etc," Wagner said in French on Monday in Moncton. 

"But there is still a lot of work to be done. But a signal had to be sent."

Wagner made the comments during a news conference in response to questions from reporters about the impact of the decision. He and other justices visited Moncton to mark the top court's 150th anniversary.

The Jordan decision says that trials in provincial court should be complete within 18 months of a charge being laid, while it's 30 months at the Court of King's Bench, which holds jury trials. 

While there are some exceptions, going beyond that timeframe can result in the charge being stayed. 

In New Brunswick, a small but increasing number of cases have been stayed. The figure went from eight in 2022 to 26 in 2023. 

In December, two men in Moncton accused of trying to set up a network aimed at sexually extorting youth had almost all of their combined 21 charges stayed.

Wagner said governments need to continue to adapt.

"Unfortunately, because of Jordan, because of the lack of resources in many provinces, there were a stay of proceedings," he said.

"I mention very often that one stay of proceedings is one too much, one too many. It should not happen."  

One of New Brunswick's top judges also addressed the impact of the Jordan decision at Monday's news conference.

"I think we've fared a lot better in New Brunswick than many other provinces," New Brunswick Court of Appeal Chief Justice Marc Richard told reporters.