EDITORIAL: Justice system in a state of crisis

In February 2013, Frank Iacobucci declared that Ontario’s jury rolls were in a state of crisis.

The former Supreme Court Justice was acting as the province’s independent reviewer at the time and was appointed by the Ontario Attorney General to look into the issue of First Nations representation on jury rolls. The appointment led to a report, which Iacobucci admitted only revealed a fraction of the problem. Seventeen recommendations were tabled in an effort to begin solving the issue.

But anyone with the naive optimism that Ontario’s jury roll problems were solved was brought back to reality late last week when a second-degree murder suspect saw his proceedings halted for at least another year.

Unable to find a jury of the accused’s peers, a judge ordered the stay.

Nobody wins in this situation. A victim’s family will wait at least another year before they begin to find answers. Meanwhile an accused man, who has never been convicted of the crime, is free only via the bail system after already serving nearly three years behind bars.

There’s also a bit of sad irony in this. The new consolidated courthouse officially opened this month, and already played host to an old, infamous problem.

No one believed a consolidated courthouse would solve these issues, but it is a harsh reminder this system is still unable to offer its citizens what is promised in the Canadian Charter of Rights and Freedoms.

We have the right to be tried within a reasonable time, and we have the right to be tried by a jury.

Or at least we do on paper.