Ontario's $72M investment to cut court backlog a 'cosmetic gesture,' says Sudbury lawyer

Ontario's plans to invest $72 million over two years to clear a backlog in criminal court cases is a "cosmetic gesture," according to a Sudbury defence lawyer.

The province said in late October that the investment would support the hiring of additional Crown prosecutors and help recruit new staff to strengthen court and victim services.

"Our government is taking extraordinary measures to prevent people accused of murder, sexual assault and other serious crimes from going free without a trial due to the exceptional pressure on the justice system caused by the COVID-19 pandemic," said Attorney General Doug Downey in a news release. 

"This new investment will support the work of prosecutors and police to hold offenders accountable and stand up for victims of crime as they seek justice."

But Sudbury-based defence lawyer Glenn Sandberg said the money would be better spent to help support the legal aid system.

"They've found some money where money didn't apparently exist and put it into staffing for court staff, for Crowns, for a lot of resources on the prosecution side," Sandberg said. "This is money that has suddenly become available after the province slashed the legal aid budget."

In 2019, the provincial government cut Ontario's legal aid budget by nearly 30 per cent. Legal Aid Ontario lost $133 million in provincial funds.

More resources needed for accused

Sandberg said more resources on the prosecution side, without an equivalent increase on the defence side, will incentivize a lot of individuals charged with crimes to plead guilty, or force them to be unrepresented in court. 

The burden would be too great for many, he said, to fight their charges in court if they can't afford a legal defence.

In terms of the case backlog at the Sudbury Court, Sandberg said he expects it to be about the same as in other municipalities.

He added the rise of communication technologies, such as Zoom, could help clear the backlog.

"This morning, for example, I was in five different courts in four different cities and all of it by Zoom," he said.

"Technology is very much our friend and being able to move long case lists in set date courts more quickly and to try and address the backlog that way."