Court backlogs an ongoing battle for Maritime justice systems

Court backlogs worsened by the pandemic continue to plague justice systems across the Maritimes.

But for the first time since 2022, Nova Scotia has seen a decline in the number of court applications for a trial to be stayed based on the Jordan decision for a violation of time and delay.

Morgan Manzer, a Halifax-based lawyer and spokesperson for Nova Scotia Legal Aid, says it’s a step in the right direction, but emphasizes there’s more work to do.

“Our lawyers certainly want to see these files seen to conclusion in a reasonable timeframe,” said Manzer, who, along with his Legal Aid colleagues, works as a defence lawyer. “These matters are incredibly stressful and difficult for everyone involved, and to our clients as well. They want to have their matter resolved in a very fair and efficient way.”

In 2022, Nova Scotia courts received 22 applications for stays related to the Jordan rule, which is invoked when court cases exceed the expected window of time to be heard and concluded. The window of time is around 18 months for a provincial court trial and 30 months for cases heard in Superior Court.

In 2023, the number of Jordan decision or Section 11 (b) applications as set out in the Canadian Charter climbed to 31. Twenty applications were submitted in 2024, according to data up to Dec. 1

Seven stays were granted or entered last year versus 13 in 2023 and nine in 2022.

"That says the government has made progress in addressing this backlog,” said Manzer. “That's good for everyone and the administration of justice and for everyone involved."

The New Brunswick Crown Prosecutors Association (NBPCA) says eight cases were stayed in 2022 and the number jumped to 25 in 2023. That included 80 charges not being prosecuted versus 14 the year before.

Shara Munn, president of the NBCPA, says it's a public safety issue.

"Things have actually gotten worse from a boots-on-the-ground perspective and so I wouldn't be surprised to see the number sharply increase again,” said Munn.

The NBCPA has 22 vacancies among its roster of lawyers which usually boasts a team of 80-to-100 members. Munn says the case backlog has impacted recruiting and she’s calling for more government spending and resources.

"We need more judges, we need more court staff, every part of the system needs to be invested in,” said Munn.

Manzer says the number of cases being stayed in both provinces should be near zero. He noted there is progress being made, such as the increased budget Nova Scotia Legal Aid saw approved by the government.

Manzer said they will receive an additional $3.98 million for this year’s budget and an additional $5.6 million next year.

The Nova Scotia Department of Justice also confirmed 29 new permanent positions are being created at the Public Prosecution Service and additional 19 new court service positions have been approved.

A new dedicated bail court is being designed and constructed at the Halifax Provincial Courthouse on Spring Garden Road, which is expected to improve efficiency and open up more court rooms for trials.