Courts Nationwide Urge Ottawa for Increased Judicial Funding

OTTAWA — Courts across Canada are increasingly calling on the federal government to address a critical shortage of judges. During the opening of Ontario’s court sessions in September, both Chief Justice of the Ontario Superior Court, Geoffrey Morawetz, and Chief Justice of the Court of Appeal for Ontario, Michael Tulloch, emphasized the urgent need for more judicial appointments. “There are not enough judges to meet the demands of the number of cases in the system,” Morawetz stated. The situation has reached a point where they described the challenges faced by the judiciary as “particularly pressing.”

This unified front from Ontario’s top judges is rare, highlighting the severity of the crisis impacting courts nationwide. A former judicial affairs advisor within Justin Trudeau’s government noted that such appeals typically occur only during critical situations. The need for more judges stems from an increase in caseloads and a growing population, which has placed significant strain on the judicial system.

A survey by the National Post of various provincial superior and appellate courts, as well as the Federal Court and Federal Court of Appeal, revealed that Ontario is not alone in this struggle. Six out of ten provincial superior courts and the Federal Court reported pending requests for additional judges. Specifically, the Quebec Superior Court has asked for the funding of 15 new positions created by the province for 2024.

While courts in P.E.I., Nova Scotia, and Manitoba indicated satisfaction with their current judicial resources, the Ontario Court of Appeal is actively seeking additional funding. Courts in Saskatchewan and British Columbia also noted that their needs may grow in the future.

Chief justices across Canada have expressed concerns about being overwhelmed by cases, leading to frustrations among litigants due to delays in court dates. The situation undermines access to justice, a fundamental right. Katie Black, a former advisor for judicial appointments, observed that the number of courts requesting additional judges underscores the gravity of the situation. “An increase to the judicial complement and court resources cannot be avoided if the objective is to achieve timely access to justice,” she stated.

In British Columbia, Ron Skolrood, the Chief Justice of the Supreme Court, has formally requested seven additional judicial positions, citing an increase in the volume and complexity of criminal cases. The superior courts of Newfoundland and Labrador and New Brunswick have also made requests for two and three additional judges, respectively. Meanwhile, Alberta’s Court of King’s Bench noted that the province has the fewest judges per capita in the country, exacerbated by a rapidly growing population.

The judicial system’s pressures have necessitated prioritizing criminal cases over civil and family matters, a situation critics warn can lead to detrimental outcomes for those involved. The chief justices from British Columbia stated, “In many instances, the Jordan ceilings for criminal cases require the Court to prioritize criminal matters at the expense of hearing civil and family cases, which can have devastating consequences to the parties.”

The Federal Court, which handles a range of administrative issues including immigration appeals, has also reported a significant increase in workload, necessitating the addition of two full-time and two part-time judges. Chief Justice Paul Crampton indicated that the court’s workload has surged by approximately 500 percent compared to pre-pandemic levels.

The Chief Justice of Canada, Richard Wagner, has echoed these calls for adequate resourcing of Canadian courts. “Canadians deserve to have their legal matters heard without unnecessary delay, and that requires having enough judges in place,” said his chief of staff, Daniel Byma.

While there is widespread agreement on the need for more judges, some chief justices caution against viewing additional appointments as the sole solution. Glenn Joyal, the Chief Justice of the Manitoba Court of King’s Bench, noted that his court’s transformative case scheduling reforms over the past 15 years have improved efficiency and reduced costs. He stressed that systemic improvements are necessary alongside any increase in judicial numbers.

Ontario’s Superior Court is currently undertaking significant reforms of its civil procedure rules, the first such change in over four decades. “The current state of our civil justice system requires wholesale reform,” Morawetz remarked during the courts’ opening ceremony.

In response to the pressing needs outlined by the courts, Sean Fraser, the Minister of Justice, confirmed that his office is reviewing requests for new judges. While he did not guarantee funding in the upcoming budget announcement on November 4, 2023, he emphasized the importance of assessing the validity of these requests.

Since 2017, the federal government has funded 116 new judicial positions across Canada, including 54 judges in superior courts since the 2021 budget. However, the process of creating new judicial roles involves collaboration between federal and provincial governments. Each new position requires funding from both levels, complicating the situation further.

Quebec’s Chief Justice, Marie-Anne Paquette, highlighted the consequences of unfilled positions. “On average, each vacancy results in approximately 11 lost trial days per month, depriving the public of timely hearings,” she stated. The accumulation of unfilled positions leads to significant delays and impacts the delivery of justice.

As the request for increased judicial resources continues to grow, the future of Canada’s court system hangs in the balance, with many advocating for urgent action to resolve the ongoing crisis.