As if the 91原创 riot didn't leave you feeling bad enough, here's something to make it even worse: The B.C. government's refusal to deal with the province's ongoing judge shortage could allow rioters to get away with their crimes.
With images of the rocket scientists responsible for Wednesday's destruction flying around the Internet, rounding them up should, we hope, just be a matter of time. But that doesn't mean they'll be convicted, not with the justice system suffering a logjam that the B.C. Liberals have shown little inclination to break. Lawyers, police and judges themselves have been complaining for months about cases being thrown out of court or crippled because of delays caused by shortages of both sheriffs and provincial court judges. Even if the cases proceed, it could be well over a year before the guilty are sentenced.
One of the places where the judge shortage has been felt most acutely is 91原创's Main Street court.
That's important because that's where any trial related to Wednesday's destruction will be held, as a case must be heard in the jurisdiction in which the offence took place.
Right now, the judge shortage at Main Street means there's a 12-month delay between a charge being laid and the first trial date for someone accused in a fairly straightforward case, one in which he is free while awaiting his day in front of the judge. The delay is even longer in more complex cases.
When the court date finally comes up, there's a chance the lack of sheriffs will cause an adjournment, snakes-and-laddering the case to the back of the queue again.
A savvy defence lawyer representing one of the rioters - probably some young goof without enough of a record to keep him in custody - will advise him that unless the Crown is offering a terrific deal, he should plead not guilty, safe in the knowledge that it will take a year, maybe two, maybe never to go to trial. Delay it enough and the case might be thrown out altogether, the accused's right to a speedy trial having been violated - though the truth is that many defence lawyers like long court dates: memories fade, witnesses move, it becomes difficult for the judge to pass a meaningful sentence on someone whose life has changed.
None of this is news to the provincial government. It was all outlined in a September 2010 report titled Justice Delayed, which pointed out that B.C. is the only jurisdiction in Canada with fewer provincial court judges than it had in 2005.
Newspapers have been littered with stories of the fallout. Two weeks ago, a Times 91原创 editorial ripped the Liberals for spending cuts that undermine justice. This week a Supreme Court judge put off a 91原创 murder trial because of inadequate security.
The latter case prompted Premier Christy Clark to say Tuesday she would bring up the sheriff shortage with Attorney General Barry Penner, who on Monday, after meeting with judicial representatives, had said he would try to find a solution by moving money around within the ministry.
It's ironic that even as the federal Conservatives were being elected partly on a law-and-order platform that called for expansion of Canada's prison system, we had the provincial government effectively choosing to let criminals go free rather than pump money into the court system. Instead, it gambled on the cheap route, hoping that its new immediate roadside driving bans would divert enough drunk-driving cases away from the courts to make a difference.
It was against this background that we saw Clark promise Thursday to hunt down and expose Wednesday's thugs: "We will push for full justice."
Well, all the get-tough talk means nothing if we can't even get the rioters into court, let alone stick them behind bars.
This is exactly the kind of case where the public should expect fast, meaningful justice. Instead, the response could well shake our confidence, both in the courts and the government that doesn't care enough to fund them. As it stands, if the Canucks make it to the finals again next year, those charged after the riot won't even have made a first appearance at trial. Maybe they'll be back on Georgia Street. What kind of justice is that?
To read more about the effect of B.C.'s judge shortage, go to
http://www.provincialcourt.bc.ca/reportsofthecourt/index.html and click on
Justice Delayed: A Report of the Provincial Court of British Columbia
Concerning Judicial Resource
