WINNIPEG — Manitoba’s courts have become more efficient, avoiding delays and ensuring cases aren’t thrown out as a result, but the workload is taking a toll, the province’s chief justice says.

“We’re all frantically trying to keep up with the pace of justice,” Chief Provincial Court Judge Ryan Rolston told the Winnipeg Free Press on Thursday after the province reported an increase in the number of motions seeking a stay of proceedings due to delays.

The number of delayed applications has increased to 37 so far this year, compared to 27 for all of 2023. The applications are filed when the Crown has failed to meet a strict set of deadlines for handling criminal cases – 18 months in the lower courts. and 30 months for superior courts — set out in a landmark 2016 “Jordan decision” from the Supreme Court of Canada.

Rolston, who was named chief justice in 2023, said 39 provincial court judges sit regularly and Manitoba police laid just over 39,000 sets of charges in 2022-23.

“We are an extremely busy court,” said Rolston, who heads the court that handles the majority of criminal cases.

“Not all of them go to trial or get decided, but that gives you an idea of ​​how busy we are.” »

The provincial court has taken steps to be more efficient and has avoided the vast majority of cases being stayed due to delays, he said.

Since the start of 2023, 409 cases brought before Canadian courts have been abandoned due to delays, the Canadian Press reported last week. During this period in Manitoba, five reprieves have been granted and nine are pending, according to the provincial government.

“Delays are always a concern for the provincial court,” Rolston said. “Over the past few years, we have worked very hard to revamp the way we serve Manitobans.

He said the work was becoming increasingly complex.

“There’s a lot of effort these days… in the area of ​​sexual assault, to ensure that the rights of victims are respected – which, of course, is a good thing, but it creates demands and obstacles in evidentiary matters that need to be resolved, and that adds to the complexity and length of some of these trials,” Rolston said.

“What used to be a one-day trial is now sometimes a three- or four-day trial. »

The court sought to schedule consecutive trial days rather than spreading them out over several weeks.

“It’s not good for litigants, it’s not good for lawyers and it’s certainly not good for judges,” he said.

Judges no longer preside over pretrial detention cases, in which attorneys reschedule cases that aren’t ready for trial from one week to the next, Rolston said. Administrative matters have been transferred to judicial justices of the peace, allowing judges to preside over substantive cases.

The court also considers when and where judicial resources are most needed in the province and reallocates them – most often in the North, he said.

“We have worked hard to make the courts more accessible and to be able to provide lawyers with dates to avoid delays in Jordan,” he said.

“We find that we are paying a pretty high price for the efforts we have made. Our judges are exhausted because we have created a rhythm that is very difficult to manage physically and emotionally, to manage the volume.

“We need to achieve balance as a society. Sometimes, by creating these efficiencies, you reduce all the time it takes for people to catch their breath, which creates a problem.

Most cases are resolved within four months, a quarter take almost 18 months and “few” go beyond 18 months, he said, adding that his goal is to see trials proceed. within seven months of the first court appearance to allow for a fair trial. pre-trial process while respecting “people who need these things decided quickly.”

“We cannot sacrifice trial fairness for the sake of speed of the system. If we were to do that, it’s not fair to the accused, it’s not fair to the alleged victims of these crimes,” he said.

“I am confident that we have done everything we can to be as efficient as possible, but I believe we need more resources.

At least one additional judge would be helpful, he said.

Justice Minister Matt Wiebe said the province is committed to providing the necessary resources and has reduced judicial clerk vacancies by 69 per cent in Winnipeg and 52 per cent elsewhere in the province.

“We have also taken steps to ensure we have a sufficient number of judges, and last week we appointed a new judge for Thompson,” Wiebe said in a prepared statement. “We look forward to continuing our work with the justice system to ensure all Manitobans have access to a responsive and fair justice system.

The provincial government will reintroduce “Keira’s Law” in the next session, he said.

“Ensure that funding for continuing education for provincial court judges and justices of the peace on sensitive issues, such as domestic violence and coercive control, is never interrupted. »

Bill 41, the Provincial Court Amendment Act, will require additional mandatory training for judges and is “a good thing” but will require more time from judges, Rolston said.

“We work very hard on legal education, but as you add this mandatory element to what we already do, it puts an even greater burden on our judges because there is simply more to be done,” he said. he declared.

“I think it’s going to create more of a burden on the court. We’re at the point where we’re having trouble keeping up. »

» Winnipeg Free Press