Yavar Hameed, an Ottawa human rights lawyer, who represents many low-income or marginalized individuals and non-profit groups, has filed an application to the Federal Court to force the prime minister and his government to stop dragging their feet and fill nearly 80 judicial vacancies on lower trial courts.
According to the court application, Judicial staff shortages have delayed or denied justice to Canadians, led to serious criminal and civil cases getting tossed out because they take too long to come to trial, and are taking a toll on the mental health of litigants and judges.
Reports have it that the move came on the same day Trudeau quickly kick-started the selection of a new judge for the Supreme Court of Canada to replace Russell Brown, one week after he resigned in a swirl of controversy.
Recall that chief Justice Richard Wagner had called on the prime minister to “promptly” name a new justice. It could also be recalled that at a news conference the day after Brown stepped down, Wagner also blasted the Liberal government for failing to fill dozens of empty judicial seats, leaving criminal and civil cases to languish on the docket.
For Hameed and his firm, the failure to make timely judicial appointments is a question of access to justice for people who often have limited resources.
He argued that trial delays worsen trauma, and create pressure for people to settle legitimate claims for a lesser amount because they cannot afford to wait for a trial date or a judgment to be rendered, he said.
“Delays in appointments occur simply because they are not a priority for the government,” the legal challenge says.
In an interview, Hameed’s associate, Pope, said while it may seem ironic to resort to overburdened courts to resolve the issue of overburdened courts, judicial reviews at the Federal Court advance quickly.
Meanwhile, Lametti, the justice minister, has insisted his office is working to fill judicial vacancies as quickly as possible. He has blamed difficulty in recruiting judges, including those from diverse backgrounds, for some of the problem.
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