Well-funded courts key to judicial independence
CBA president says as governments invest in resource development and defence, a functional justice system also needs to be a priority
Judicial independence is meaningful only if courts can fulfill their constitutional role.
A key part of that is ensuring they’re well-funded, Supreme Court of Canada Chief Justice Richard Wagner told the Canadian Bar Association’s AGM this week.
“The courts across the country are indeed facing significant resource pressures, and those pressures have real consequences,” he said.
He’s been vocal in recent years about the issue of judicial vacancies, as he said it “speaks to the very bones of our judicial system,” and has been encouraged by the federal government’s efforts to appoint more judges in a more timely manner. That momentum, however, must continue.
Asked by CBA President Bianca Kratt at what point does underfunding of the courts and judicial system move beyond an administrative problem and become a threat to judicial independence, Wagner said an independent judiciary depends on a fully functioning judicial system with properly equipped courtrooms, trained clerks, administrative assistants, and security staff.
“It is very important that the elected officials and governments provide enough funding to make sure that not only they are judges who can hear cases, but that they can do their job properly with the proper equipment and assistance and proper funding,” he said.
In her address to the AGM, Kratt said that, in addition to pressures on judicial independence, under-resourcing of the courts is a key threat to the rule of law. She referenced an update last fall by the acting chief justice of the Federal Court about how it’s operating well beyond its capacity.
The Court’s complement of judges has not increased since workload projections were made in 2019. In the years since, the annual volume of immigration cases, which make up 80 per cent of the Federal Court’s workload, has almost quintupled.
Kratt noted this has had practical consequences, pointing to the Court’s suspension of its 48-hour service standards and to an ever-growing backlog that increases by more than 100 cases a week.
“Across Canada, courts at every level are facing similar pressures,” she said.
“We know that, at this time of economic uncertainty, governments don’t want to hear that they need to spend more money. But even now, governments are investing in the essential building blocks of our security and prosperity, such as resource development and defence. A functional justice system belongs in that priority category.”
However, Wagner said that while elected officials must invest in the justice system, money won’t solve all its problems.
“I think it's important that we have innovative solutions to support access to justice. I'm talking about pro bono initiatives, community legal clinics, partnerships with legal service organizations,” as they all play a vital role in improving access to justice.
