Conservative MPs slam government for pace of judicial appointments - Action News
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Conservative MPs slam government for pace of judicial appointments

Alberta Conservative MPs Michelle Rempel and Michael Cooper are calling out the federal government for failing to quickly fill judicial vacancies, as court cases across the country are thrown out due to delays.

New appointments expected soon as family of Calgary murder victims also call for solution to court delays

Michelle Rempel says delays in the justice system are unacceptable, putting the rights of the accused ahead of the rights of victims and their families. (Mike Symington/CBC)

Alberta Conservative MPs Michelle Rempel and Michael Cooper are calling out the federal government for failing to quickly fill judicial vacancies,as court cases across the country are thrown out due to delays.

The controversy stems from what's known as the Jordan decision, when the Supreme Courtsaid unreasonable delays in getting to trial were unacceptable and set deadlines for when proceedingsmust start.

Since then, hundreds of cases of varying severity across Canada have been stayed.

"Canadians must have the assurance that their justice system will work for them and place the rights of victims ahead of those who commit these terrible offences," said Rempel at a news conference on Tuesday.

"Their inability to do the most basic function of appointing judges, undermines Canadians confidence in our justice system."

Albertahas highest vacancy rate

Cooper, who is deputy justice critic, called Justice MinisterJody Wilson-Raybould"negligent."

"The failure of the minister to fill judicial vacancies in a timely manner is not only an abdication of her responsibilities as minister of justice, it is completely inexcusable in light of the Jordan decision," he said.

Michael Cooper is the elected MP for St. Albert-Edmonton. (CBC)

The news conference comes days after the Liberal government unveiled BillC-75 meant to speed upCanada's sputtering legal system.

Among the proposed changes is theelimination of preliminary inquiries except in the case of crimes that carry a life sentence something defence lawyers say might not have the intended effect.

Cooper calls the changes "too little, too late."

According to the office of the commissioner for federal judicial affairs Canada, there are currently 56 vacancies across Canada, with 14 of those in Albertathe highest vacancy rate in the country.

Family of Calgary victimsraise concerns

The two MPs were joined at their news conference by the families of Sara Baillie and her daughter, five-year-oldTaliyahMarsman, who were murdered in Calgary inJuly 2016.

Sara Baillie's uncle Scott Hamilton spoke at the press conference in support of finding solutions to the court delays. (CBC)

The trial ofEdward Downey, accused in their deaths, is brushing up against the 30-month timeline specified by the Jordan decision but won't be thrown out unless there are additional delays.

Speaking on behalf of the gathered family members, Bailie's uncleScott Hamiltonsaid delays in the justice system do not benefit anyone.

Edward Downey has been committed to stand trial on two charges of first-degree murder for the deaths of Taliyah Marsman, 5, and Sara Baillie, 34. (CBC)

"We are all entitled to trials without undue delay," he said.

New appointments expected

A spokesperson for the justice minister said new appointments would be made to Alberta courts as early as this week, but there were no specifics on how many could be appointed.

Liberal MP Marco Mendicino, the parliamentary secretary toWilson-Raybould, said appointing judges is not a simple matter and must go through local judicial appointment councils and a "rigorous vetting process"before landing on the minister's desk.

He said the government has appointed more than 160 judges in the past two years.

"We move through them in a diligent fashion, but there's also, I think, an important onus on the government to be sure that we're putting the best people on the bench," he said.

Mendicino also pointed to Bill C-75, anoverhaul ofthe justice system, as an important part of unclogging the courts.

Minister of Justice and Attorney General Jody Wilson-Raybould responds to a question in the House of Commons. Her parliamentary secretary says the government's new Bill C-75 will be a big help in addressing delays. (Adrian Wyld/Canadian Press)

"It would be nice to see the Conservatives not politicize our judicial appointment process and not politicize the victims who have suffered for far too long," said Mendicino.

"For a change it would be nice to see that and see them get behind some very principled and good and evidence-based policy."

Petition launched

Cooper said he will table a motion to callWilson-Raybouldbefore Parliament's justice committee to explain delays in filling vacancies and he'll ask for a study into the impact of the delays.

Rempel and Cooper have also launched a petition in hopes of pressuring the government to pick up the pace of appointments.