Union, lawyers sounding alarm on 'exploding' delays at Montreal courthouse

As legal aid lawyers in Quebec demand better pay during another week of walk-outs, those who work in the Montreal courthouse say compensation is just one problem that is plaguing what they describe as an underfunded court system.

"Things have to change. It's an emergency," said Alexandre Goyette, a lawyer based in Montreal.

He said the lack of staff in court is causing massive delays in justice and pointed to his client as a clear example. Normally, a bail hearing to determine whether someone accused of a crime can be released from custody pending a trial is scheduled within three days.

"Now, people sometimes have to wait 30 days. Like for my client, this is what happened exactly," Goyette said, calling it a "red flag."

"We need some help from the government at every level."

At the Montreal courthouse, there's a shortage of seven judges, 20 security guards, and about 40 clerks -- mostly, he says, due to stagnating pay.

Other criminal lawyers in the city, like Eric Sutton, are also sounding the alarm.

"If the state fails to put the resources together to allow that, the consequence is that someone will justifiably be released, and it could be someone who's a minor offender, someone who's perfectly innocent, or someone who's a dangerous offender. All of this is possible," Sutton said.

The Supreme Court of Canada ruled on the issue of trial delays in 2016, enacting strict rules on Canadian courts to ensure speedy trial rights are respected following the landmark Jordan decision. In the case of provincial courts, the time limit is 18 months, while 30 months is the timeframe for trials in Superior Courts.

Cases that go beyond the timelines would constitute a violation of a person's right under section 11 of the Charter of Rights and Freedoms.

"The Jordan ceiling, which is not negotiable, is there to ensure that trials are conducted within a reasonable period of time. And with the system faltering, they simply won't be," Sutton said.

"It does happen more than the public is willing to digest. And it will continue to happen and will probably get worse because the state is not assuming its responsibility."

COURT DELAYS 'EXPLODING': UNION

In an attempt to honour the timelines set by the country's highest court, civil court clerks at the Montreal courthouse are having to work in criminal court, creating a backlog.

"The delays are exploding right now in the criminal court and in the civil court," said Christian Daigle, president of the Syndicat de la fonction publique et parapublique du Québec (SFPQ).

Quebec's Ministry of Justice did not respond to a request for comment from CTV News before publication time.

At the same time, hundreds of legal aid lawyers are holding walk-out demonstrations this week across Quebec as they demand better pay that is more in line with their Crown prosecutor counterparts. Demonstrations are being held in front of the Quebec legislature building and outside ministers' offices.

"It is important for legal aid to have lawyer retention. There is a predicted exodus of lawyers from legal aid to prosecution because it pays better. We want a strong and competent legal aid network. We want to retain the best lawyers in our network, and one of the ways to do this is through parity," said Daniel Lessard, vice-president of the Federation of Legal Aid Lawyers, in an interview with The Canadian Press.

But many in legal circles agree there's more at stake than a simple raise.

"Enforcement of right is what brings freedom to a society. So for a democratic society, it's essential," said Goyette. "We need to get some investment from the government."

With files from The Canadian Press