Daniel Steinberg, B.C. Judge: State Of Provincial Courts 'Abysmal'

First Posted: 02/15/2012 7:08 pm Updated: 02/15/2012 8:15 pm

VANCOUVER - Four more suspected criminals — including an accused Internet child predator and an alleged drunk driver — have escaped convictions because of the bloated caseload of British Columbia's courts, prompting one judge to issue a direct attack on Premier Christy Clark and her government's handling of the matter.

In one ruling out of New Westminster, B.C., Judge Daniel Steinberg called the current state of the provincial court in B.C. "abysmal."

"There are no amount of press releases or talk show appearances that are going to fix the over-stretched limits of our institutional resources," Steinberg said in a ruling posted Wednesday on the provincial court website.

"There is only one course of action that will fix the current situation and that is action, not words."

Clark, a former radio talk show host, appeared on her old station's airwaves Monday to discuss her government's priorities, including the conundrum in the justice system. Steinberg's decision is dated Jan. 25 and was posted Wednesday on the provincial court website.

Last week, Clark promised a complete review of the court system to discover why delays and costs are increasing while crime goes down.

Suggested solutions for the problem are at least five months away as lawyer Geoffrey Cowper investigates the problem. But in the meantime, hundreds of cases may be timing out of the system.

Steinberg stayed charges against David Blattler — who was accused of attempting to lure an underage teenager over the Internet —because he'd waited 27 months for his case to get to trial.

"I find that the consequences of the government's decision-making and priority-setting have meant the creation in this case, as in many others, of an intolerable delay that offends the ...charter," he concluded.

"It offends the very real need ... to suppress predatory behaviour on the Internet."

In Chillwack, Judge Wendy Young stayed the case of Wilfred Friesen who was accused of drunk driving because his trial took almost three years to get to court.

And earlier this week in Kelowna, Judge Robin Smith threw out marijuana cultivation charges against Lin To and her brother Quo To because they had waited years to get their day in court.

Smith said the government has a constitutional obligation to provide sufficient resources to prevent unreasonable delays.

"This is a pretty simple, straight-forward case that ought not require 23 months of systemic delays to be heard just because resources aren't available to have it heard earlier."

Smith brushed off the government announcement last week that nine new judges had been appointed, saying it only replaces retiring judges.

Even with the nine new appointments, there are still 14 fewer judges working in the B.C. courts than there were in 2005.

The backlog of cases is still growing.

Statistics show there are almost 7,000 provincial court criminal cases that have been pending for a year or more and over 2,000 cases have been waiting in the system for 18 months.

B.C. New Democrat Leader Adrian Dix said the delays are the direct result of years of inaction by the government.

"It didn't happen overnight," Dix told the legislature. "It's one thing to complain about judges, which is apparently what the government is doing. It's another thing to take the issue seriously and the government hasn't."

Clark said her government is taking real action and that includes the appointment of 23 new judges recently, hiring new sheriffs, more money for legal aid and more money for jail capacity in the Interior.

"That is a substantial investment in a system that needs it," she said. "Because stays and delays are unacceptable for victims, they're unacceptable for society, no one wants the system to work that way."

Cowper's review is expected to look for efficiencies and how to accelerate the court process and is expected to be completed by July.

The provincial government spends about $1.4 billion dollars a year on the justice system.

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VANCOUVER - Four more suspected criminals — including an accused Internet child predator and an alleged drunk driver — have escaped convictions because of the bloated caseload of British Columbia'...
VANCOUVER - Four more suspected criminals — including an accused Internet child predator and an alleged drunk driver — have escaped convictions because of the bloated caseload of British Columbia'...
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06:04 AM on 02/16/2012
If any of those who commented here had read the decision, they would know the problem in this particular case was a lack of police resources. As in all computer-based cases, Mr. Blattler's computer was seized to look for child pornography and for chat logs on his hard drive that would provide further evidence in this case, and other evidence of further offences. Because of the lack of police resources, the backlog for a forensic examination of his computer was around one year.

While I'm sure HP.ca's readers like to think we live in a CSI-like world where you get the results of a DNA test in twenty minutes, or where investigators can match a grain of sand in somebody's shoe to a twenty year-old crime scene a hundred miles away, the reality is different. Getting DNA results in a murder case takes months (the actual testing process -- swab from crime scene through test tube to result -- takes 48 hours) and in less serious cases the waiting time can be nearly a year.

There aren't enough resources at every level of the justice system. Nor are there sufficient resources in our education system or media apparently, leading to the public knowing so little about our justice system that all they can say is "the problem in a word is LAWYERS".
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spinnerator
05:37 AM on 02/16/2012
The problem in a word LAWYERS, of which, 100% of defence counsel, Crown counsel and Judiciary are made.
04:35 AM on 02/16/2012
Yes,our court system,LOL,what a joke,while all the Liars(lawyers) keep lining their pockets! They are responsible for most of this bullshit! And "Crusty",the premier clown,we are in trouble folks!Never mind that other Panda" cuddling fool.
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SiameseTrainer
...we are Sia..mese if you don't please..
12:46 AM on 02/16/2012
Of course Premier Kristy Kreme now says; "Because stays and delays are unacceptable for victims, they're unacceptable for society, no one wants the system to work that way.", of course she does. But she was Deputy Premier and Education Minister in the Government that practised the slash and burn cuts to all social services, including Justice, to prevent non-existent budget deficits from interfering with their goal of slashing corporate taxes, taxes on the wealthy, and reducing the role of Government as perceived by the population in the provision of social services. Well Ms Kreme and the "Liberal" Gov. of the time managed their task very well. The consequences of those actions look really good on her. I think it is hilarious that she thinks that her five year stint as a hot air technician defending "Liberal policies" on British Columbia's premier "Hot Air All The Time" radio station has separated her image from the images of those vicious times. Good luck with that retrenchment!
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Phatbiker
Dentalfloss tycoon
12:27 AM on 02/16/2012
You haven't seen anything, wait till the crime bill becomes law. The court system will all but collapse as everyone facing jail time for growing a few plants will be fighting tooth and nail to stay out of prison.
SamEasy
You really don`t want to know.
01:29 AM on 02/16/2012
And very soon, if Tricky Vic has his way, we will ALL have to watch our comments on sites like this or else we may be investigated.

And have you heard about Vic's matrimonial history, etc, etc.?
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nete peedham
11:12 PM on 02/15/2012
But, but, they're getting the important stuff done...marijuana possession convictions!

The RIGHT WING Liberal Government of BC! Tough on someone else's crime!
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sunnyokanagan
Increase compassion. Decrease suffering
11:07 PM on 02/15/2012
Not a problem with the courts. The Liberal government has slashed the budget so there is no longer capacity in the system to deal with crime in a timely manner.
09:01 PM on 02/15/2012
The problem with the justice system in B.C. is not to FEW Judges but too MANY.The system needs intelligent motivated people who can make decisions,not weak-kneed lawyers who do nothing but delay,delay and then delay some more.A trial should not last more than a few days,and not months and months as they frequently do now.
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nete peedham
11:17 PM on 02/15/2012
SHANKER! You're another one of these phony conservative commentors...no one else is allowed to look at your activity to see a pattern. Go home and tell Danielle Crittenden that she wants you...and shine Frum's shoes while you're at it.