A 'deplorable' decision: Quebec prosecutors told to prioritize more serious crimes due to court delays

Legal groups in Quebec are condemning a new directive that forces prosecutors to prioritize the completion of more serious criminal offences than others in order to clear backlogs in the justice system.

Citing the need to address court delays, the head of the Directeur des poursuites criminelles et pénales (DPCP), Patrick Michael, issued a directive on Thursday ordering prosecutors to prioritize cases involving death or serious injury, sexual or domestic violence, as well as elder and child abuse, in order to move them forward in a quicker fashion.

The new decision from Quebec's Crown prosecution office means cases like theft, criminal harassment, mischief and other offences not listed in the new instructions could be prosecuted at a slower pace in Quebec courts.

The union representing prosecutors in Quebec called it a "deplorable" decision that puts them in precarious situations.

"Under the circumstances, it is not a big surprise, but it is extremely concerning. The real consequence is that people can now get away with criminal acts. This sends a wrong message to victims and to the public. Prosecutors are now faced with agonizing choices. It is like asking a doctor to choose which patient to operate on," said Guillaume Michaud, president of Association des procureurs aux poursuites criminelles et pénales, in a statement to CTV News.

"When we as a society are confronted with a justice system that has to prioritize certain crimes, for us, as prosecutors, it makes no sense."

The more serious crimes should go to the front of the line in order to ensure they are "within the Jordan timelines," the directive said, in reference to the Supreme Court's Jordan decision in 2016.

That landmark ruling set new limits on how long an accused person can wait for a trial to be completed. In provincial courts, the time limit is 18 months from the time a person is charged. In higher courts, it's 30 months.

Cases that go beyond the timelines set by Canada's highest court would be considered an unresaonble delay and a violation of a person's right to a speedy trial under section 11 of the Charter of Rights and Freedoms.

The DPCP's new prioritization strategy asks prosecutors to consult with the deputy or chief prosecutor when there is a concern that an "objectively or subjectively more serious offence" is at risk of being delayed.

It also requires them to consider the public interest implications of giving priority to certain cases, such as: the damage or loss caused by the offence; the prevalence of the offence in the community; the amount of resources devoted to the police investigation; and the "effect that a stay of proceedings for unreasonable delay would have on public order or public confidence in the administration of justice."

It's not just prosecutors who are unhappy with the decision. The Barreau du Québec, the professional order that oversees more than 29,000 lawyers in the province, also "deplores" the new directive.

"The Bar believes that this is unfortunately one of the consequences of the underfunding of [the] justice [system]," said Quebec Bar president Catherine Claveau in a statement to CTV News.

"The Barreau du Québec maintains that it is essential to prioritize justice and ensure adequate funding to avoid the delays and service disruptions that we are currently observing."

On Friday, André Morin, the Quebec Liberal Party's justice critic, said on Twitter that the prioritization of court cases is a sign of the "failure" of the Quebec government and called on the justice minister to "act now."

La Presse reported Friday that Justice Minister Simon Jolin-Barrette said the new instructions for judges are a direct consequence of the Court of Quebec's decision to require judges to sit every other day rather than every third day. The new ratios put more than 50,000 cases at risk of exceeding the Jordan limits, Jolin-Barrette calculated.

Still at a crossroads, the justice minister and Lucie Rondeau, the chief justice of the Court of Quebec, agreed to name retired Quebec Court of Appeal Judge Jacques Chamberland to act as a mediator to settle the disagreement.

The process started last month and is confidential.

Last summer, lawyers sounded the alarm over court delays at the Montreal courthouse, which struggled with a shortage of judges, special constables and clerks.

Criminal lawyer Alexandre Goyette said in an interview last June that bail hearings — proceedings in which the court must decide whether a person charged with an offence can be conditionally released while awaiting trial — are normally held within three days, but were actually taking as long as 30 days to be completed.

With files from The Canadian Press