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Céline Dostaler
Ottawa’s Court Backlog and What It Means for Criminal Cases
Over the past several years, Ottawa’s criminal court system has faced a growing backlog of cases, resulting in delays, increased legal uncertainty, and challenges for defendants, victims, and legal professionals. While court backlogs have been an issue for decades, the COVID-19 pandemic, judicial staffing shortages, and legal constraints such as the R. v. Jordan decision have exacerbated the problem, making timely justice increasingly difficult to achieve.
Understanding Ottawa’s Court Backlog: What’s Causing the Delays?
Court backlogs are not unique to Ottawa or Ontario, but they have become increasingly severe in recent years due to a combination of systemic issues and external factors.
1. Impact of the COVID-19 Pandemic
The COVID-19 pandemic disrupted court operations across Canada, causing thousands of criminal cases to be postponed or delayed. Even though courts implemented virtual hearings and alternative case management procedures, criminal trials rely heavily on in-person testimony, particularly for serious offences such as assault, sexual offences, and homicide.
During the height of the pandemic:
- Jury trials were suspended for months, creating a backlog of pending trials.
- Courtrooms were forced to reduce capacity due to public health restrictions, slowing the pace of proceedings.
- Virtual hearings were introduced but were not always suitable for criminal cases involving witness credibility and cross-examinations.
Even though courts have resumed full operations, the backlog created during the pandemic has not been fully cleared.
2. Ontario’s Judicial Shortages
Another major contributor to Ottawa’s court backlog is a shortage of judges, Crown prosecutors, and court staff. The justice system has struggled with:
- Unfilled judicial vacancies, causing delays in trial scheduling.
- Overburdened Crown prosecutors, leading to delays in case preparation and plea negotiations.
- Limited court resources, reducing available courtroom time.
In some instances, criminal trials are delayed for months simply because there are not enough judges available to hear them.
3. The R. v. Jordan Decision and Case Dismissals Due to Delays
In 2016, the Supreme Court of Canada issued a landmark decision in R. v. Jordan, setting strict deadlines for criminal trials:
- Provincial court trials must be completed within 18 months.
- Superior court trials must be completed within 30 months.
If these deadlines are exceeded without valid justification, the case may be stayed (dismissed) due to an unreasonable delay under Section 11(b) of the Canadian Charter of Rights and Freedoms.
While the goal of R. v. Jordan was to protect the right to a trial without undue delay, it has also led to more criminal cases being thrown out, even when strong evidence exists. This has frustrated victims and raised public safety concerns, particularly in cases involving violent offenders.
4. Increased Number of Cases Entering the Court System
Recent changes in policing and criminal law enforcement have contributed to a higher number of criminal cases entering the court system, particularly:
- Firearms and gun crime cases, as Ottawa police and Ontario’s government crack down on illegal weapons.
- Domestic violence cases, as courts have taken a zero-tolerance approach to intimate partner violence.
- Drug-related offences, particularly cases involving fentanyl and opioid trafficking.
With more cases being prosecuted, Ottawa’s already strained courts are struggling to keep up with demand.
How the Backlog Affects Criminal Cases in Ottawa
The court backlog has serious legal and personal consequences for those involved in criminal proceedings.
1. Delays for Defendants Awaiting Trial
For those facing criminal charges, long court delays can be stressful, disruptive, and financially draining. Consequences include:
- Prolonged pre-trial detention: Individuals who are denied bail may spend months or even years in custody before their trial begins.
- Extended bail conditions: Those released on bail may face strict conditions (e.g., curfews, travel restrictions) for extended periods.
- Loss of employment or family hardship: A pending criminal case can impact job opportunities, relationships, and mental health.
2. Victims of Crime Face Emotional and Legal Uncertainty
Victims who are seeking justice and closure often find themselves waiting years for a resolution, causing:
- Emotional distress from reliving traumatic events multiple times.
- Difficulty remembering details when testifying years after the crime occurred.
- Loss of faith in the justice system, especially if the case is ultimately dismissed due to delays.
3. Increased Number of Cases Being Dismissed
With courts struggling to meet the R. v. Jordan deadlines, more cases are being stayed (dismissed) due to unreasonable delays.
- In 2023, over 56% of criminal cases in Ontario were withdrawn, stayed, or dismissed before reaching trial.
- This is a 14% increase from 2013-2014, showing how court delays are impacting access to justice.
While some dismissals are justified, others mean that defendants who may have otherwise been convicted avoid criminal responsibility due to procedural failures.
Possible Solutions to Address Ottawa’s Court Backlog
1. Increasing Court Resources and Judicial Appointments
The Ontario government has pledged millions of dollars to increase the number of:
- Judges to preside over criminal trials.
- Crown prosecutors to handle complex cases more efficiently.
- Court staff to process cases faster.
These measures could help clear the backlog by reducing delays in scheduling hearings.
2. Expanding Virtual and Hybrid Court Proceedings
While virtual hearings cannot replace in-person trials, they can be used for:
- Bail hearings and case management conferences to speed up pre-trial processes.
- Non-complex criminal cases, such as minor offences and guilty pleas.
- Witness testimony, where appropriate, to reduce scheduling conflicts.
3. Alternative Sentencing and Diversion Programs
Expanding diversion programs for minor, non-violent offences could keep cases out of the criminal courts, allowing judges to focus on serious crimes. Options include:
- Restorative justice programs
- Drug treatment courts
- Mental health diversion initiatives
What to Do If You Are Facing Criminal Charges in Ottawa
If you have been charged with a criminal offence in Ottawa, navigating the court backlog and potential delays requires expert legal representation. A criminal defence lawyer can Challenge delays under Section 11(b) of the Charter to seek a dismissal of charges, Negotiate with Crown prosecutors to resolve cases faster, Ensure your rights are protected throughout the legal process and Help with bail applications to avoid unnecessary pre-trial detention.
Contact Celine Dostaler today for a confidential consultation. Don’t let delays in the justice system determine your future—get the legal representation you need to protect your rights.
