Nova Scotia

Nova Scotia Crown attorneys say provincial justice system is failing

The association representing Nova Scotia Crown Prosecutors says the province’s justice system is in crisis and needs a “massive” number of new Crown lawyers to clear a growing backlog in cases.

Backlog of court cases soars as lawyers burn out, says association

A sign indicates the entrance to the Nova Scotia Court of Appeal
The Nova Scotia Crown Attorneys' Association (NSCAA) says criminal cases are becoming more complex and time consuming, but resources to prosecute those cases haven't kept up. (Anjuli Patil/CBC)

The association representing Nova Scotia Crown prosecutors says the province's justice system is in crisis and needs a "massive" number of new Crown lawyers to clear a growing backlog in cases.

Figures released by the Nova Scotia Crown Attorneys' Association (NSCAA) on Wednesday show a 30 per cent backlog in homicide cases and a 101 per cent increase in the backlog of sexual assault cases.

"[The numbers] describe to me a justice system that's failing and a justice system that's on fire," association president Brian Cox said.

He said criminal cases have grown more complex in the last few years and take longer to complete, but provincial resources haven't kept pace. He said that's causing lawyers to burn out and leave the profession.

"We have people leaving in droves. We've lost 20 per cent of our workforce in the last calendar year and that equates to decades of trial experience that we no longer have to handle the most serious and major cases, just like homicide and sexual assault," Cox said.

The backlog numbers compiled by the association look even worse when they're broken down by region. For example, they show the backlog of sexual assault cases over the last ten years has grown by 61 per cent in Halifax, 200 per cent in Kentville and 563 per cent in Pictou in northern Nova Scotia.

Complex investigations

Cox said police investigations have grown more complex, generating more work for Crown prosecutors. He said changes like the Victims Bill of Rights have also added to the workload.

"Crown attorneys are at a breaking point where we cannot continue to uphold our professional obligations in the current situation, where we are unable to perform our function in protecting the proper administration of justice and upholding the rights of victims in this province," Cox said.

He said while increasing complexity in cases is a national problem, the lack of resources is unique to Nova Scotia. He said, by comparison, there are about 200 Crown lawyers in Manitoba, which is double the number in Nova Scotia. Manitoba's population is about 40 per cent larger than Nova Scotia's, according to figures from Statistics Canada.

Cox wouldn't put an exact number on his request for a "massive" number of new recruits, saying that is something to be negotiated with the province.

Justice Minister Brad Johns said Wednesday evening that he hadn't seen the Crowns' numbers, but he acknowledged there is a shortage.

"We are trying to do recruiting on that," Johns said.

No commitment to hire more Crown attorneys

"We have a meeting coming up with the director of PPS [Public Prosecution Service] who I've asked to present to me what the numbers are like there, so we can get an accurate numbers and see where we're at."

Johns would not commit to hiring more Crown attorneys, beyond filling the current vacancies.

ABOUT THE AUTHOR

Blair Rhodes

Reporter

Blair Rhodes has been a journalist for more than 40 years, the last 31 with CBC. His primary focus is on stories of crime and public safety. He can be reached at [email protected]