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Shortage of prosecutors: towards abandoning prosecutions

Crown prosecutors fear the worst in the face of the crisis which is slowing down the functioning of the criminal justice system in New Brunswick. Calls for help have been made for two weeks.  Me Yves Duguay, Vice-President of the New Brunswick Association of Crown Prosecutors and prosecutor in Bathurst, admits that the situation has been worrying for a while.

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Shortage of prosecutors: towards abandoning prosecutions

27-03-2024

Crown prosecutors fear the worst in the face of the crisis which is slowing down the functioning of the criminal justice system in New Brunswick. Calls for help have been made for two weeks.

 

Labor shortages, retention difficulties, retirements, vacancies, reduced services, hiring replacement lawyers paid twice what a local prosecutor receives: all of these points put undue pressure on a system that is heavily weakened, according to a memo dated March 15 and signed by Brian Munn, Assistant Deputy Minister.

 

This memo on the ability to prosecute and that the status quo no longer works has been distributed to all members of the Public Prosecution Service.

 

"Although dropping a prosecution should only be done as a last resort and only on occasion, we are well aware that this situation will arise. Such a decision may be difficult to make and not unanimous", warns Brian Munn, making particular reference to the Jordan decision on reasonable time periods between the filing of charges and a trial.

 

Then, in an opinion letter to readers, Jennifer Carr, President of the Professional Institute of the Public Service of Canada, the union that represents Crown prosecutors in N.B., argues "that more charges will be dropped, whereas under normal circumstances they should be prosecuted".

 

A worrying situation for a while

 

Me Yves Duguay, Vice-President of the New Brunswick Association of Crown Prosecutors and prosecutor in Bathurst, admits that the situation has been worrying for a while.

 

"What happens when the perpetrator of a crime is not prosecuted is that confidence in the administration of justice deteriorates. Public order is also affected. This has an effect on public safety as a whole. When prosecutors face obstacles in their work, it affects the safety of communities and individuals", he said in an interview with the show La matinale, Tuesday.

 

Brian Munn 's memo also calls for prioritizing resources on serious crimes.

 

"We currently have 28 individuals charged with murder in New Brunswick. This is unheard of. But with the chronic shortage of prosecutors, we are not able to work on all these cases. We work tirelessly, but it's impossible to do everything."

    -A quote from Me Yves Duguay, vice-president of the Association of Crown Prosecutors of New Brunswick.

 

According to his remarks, and despite the government's recent commitment to hire 30 new prosecutors, there are still around twenty vacant positions and, in some places, the staff shortage reaches 50%.

 

"Crown prosecutors are resilient, but there are limits. With what we are currently experiencing, we very favorably welcome Brian Munn's note", continues the Bathurst prosecutor, who specifies that the most affected regions are Moncton, Miramichi and Fredericton.

 

A serious concern, but not new

 

Allan Dearing, communications spokesperson for the Department of Justice, said the directive issued by the Director of Public Prosecutions addresses a concern that is serious, but not new.

 

He adds that the Supreme Court of Canada has set maximum tolerable delays (the Jordan decision) before a judge must make the drastic decision to stay the charge due to excessive delay.

 

"Fortunately, almost all cases in New Brunswick are decided on their merits, rather than stayed due to delay. In the province, less than a quarter of 1% of charges are stayed", he said.

 

The ministry spokesperson mentions that "the government is doing its part to avoid losing a case due to delay" by increasing the number of Crown prosecutor positions by 50%.

 

"The government does not want to lose cases due to delay and, recognizing the challenges public prosecutions face with manpower, the directive was sent for Crown prosecutors to ensure crimes serious and violent are the absolute priority", the ministry is told.

 

With information from the show La matinale from ICI Acadie

 

https://ici.radio-canada.ca/nouvelle/2060418/systeme-penal-crise-procureurs