Commonwealth _ A recent scathing Federal Court decision has castigated Prime Minister Justin Trudeau and Justice Minister Arif Virani for their failure to address the critical issue of judicial vacancies in Canada. The ruling, delivered by Federal Court Justice Henry Brown, sharply criticized the government for neglecting its duty to ensure timely justice for Canadians, highlighting the detrimental impact of the burgeoning number of unfilled judicial positions on the country’s legal system.
In his decision, Justice Brown minced no words, accusing both Trudeau and Virani of merely “treading water” while neglecting their responsibilities to address the judicial vacancy crisis. He emphasized that their inaction has not only failed Canadians seeking justice but has also undermined the functioning of Superior Courts and Federal Courts across the country. The court’s rebuke underscores the urgent need for the federal government to prioritize filling these vacancies promptly. The case was brought forward by human rights lawyer Yavar Hameed, signaling a growing frustration among legal professionals and the public regarding the government’s handling of judicial appointments. Chief Justice Richard Wagner’s letter to Trudeau last spring highlighted the gravity of the situation, describing it as “untenable” and warning of a potential crisis in the justice system. Despite such warnings, the government has been criticized for its inertia and the absence of satisfactory explanations for the delays.
Although Justice Minister Arif Virani had pledged to address the issue upon his appointment, the Federal Court decision indicates that progress has been insufficient. While some vacancies have been filled over the past eight months, new vacancies have emerged, leaving the overall number largely unchanged. With 75 federal judicial vacancies as of Feb. 1, according to the Office of the Commissioner for Federal Judicial Affairs Canada, the government’s failure to offer adequate justification for this situation is particularly concerning. In response to the court’s ruling, Virani defended the government’s record, claiming that judicial appointments are being made at the fastest pace in history. He cited statistics to support his assertion, stating that 100 judicial appointments were made the previous year, a figure surpassing the achievements of the previous Conservative government. Virani also pointed out that he had appointed 64 judges in his six months as minister and highlighted the addition of 116 new judicial positions since 2016.
However, despite these claims, the Federal Court decision underscores the ongoing challenges and the need for more decisive action. The case of Maggie Godard, who experienced significant delays in her civil action due to a lack of available judges, exemplifies the human toll of the judicial vacancy crisis. Godard’s ordeal, characterized by years of waiting and additional stress, resulted in a diagnosis of PTSD and a profound loss of trust in the justice system. Her experience highlights the detrimental impact of delayed justice on individuals seeking recourse through the legal system.
In light of the Federal Court decision, there is a growing call for concrete measures to address the judicial vacancy crisis. Human rights lawyer Yavar Hameed’s firm stands ready to return to the Federal Court to seek explicit timelines if the government fails to take action. Conservative justice critic Rob Moore has also criticized the Liberal government, arguing that it has failed to deliver on basic government services, including ensuring the efficient functioning of the justice system. Ultimately, the Federal Court decision serves as a wake-up call for the federal government to prioritize the appointment of judges and address the systemic issues contributing to the judicial vacancy crisis. Failure to do so not only undermine access to justice but also erodes public confidence in the legal system, with far-reaching consequences for individuals and society as a whole.
