Court says Trudeau, justice minister 'failed' Canadians by letting judicial vacancies build up

A scathing Federal Court decision says Prime Minister Justin Trudeau and the federal justice minister have «failed» Canadians seeking timely justice by letting the number of judicial vacancies reach a state of crisis.

The case, brought forward by a human rights law firm, sends a clear message to the federal government about the urgent need to reduce the number of vacancies.

«With the greatest respect, the Court finds the Prime Minister and Minister of Justice are simply treading water,» Federal Court Justice Henry Brown wrote in his Tuesday decision.

«And with the greatest respect, they have also failed all those who rely on them for the timely exercise of their powers in relation to filling these vacancies. Also failed are all those who have unsuccessfully sought timely justice in the Superior Courts and Federal Courts across Canada.»

Last spring, Chief Justice Richard Wagner sent Trudeau a letter warning of an «untenable» situation in Canadian courtrooms.

«The current situation is untenable and I am worried that it will create a crisis in our justice system, which is already facing multiple challenges. Access to justice and the health of our democratic institutions are at risk,» he wrote.

«It is imperative for the Prime Minister's Office to give this issue the importance it deserves and for appointments to be made in a timely manner …The government's inertia regarding vacancies and the absence of satisfactory explanations for these delays are disconcerting.»

Justice Minster Arif Virani vowed to tackle vacancies when he was appointed to the position last summer.

But the Federal Court decision says that while some vacancies have been filled over the past eight months, new vacancies have opened up in the meantime.

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