An investigation is underway into ongoing court delays at the Calgary Courts Centre as some trials are being scheduled for dates two to three years after the laying of charges.
The Senate Committee on Legal and Constitutional Affairs, with input from the Sheldon Kennedy Child Advocacy Centre, is investigating the impact trial delays have on victims of crimes.
“The number one recommendation was with respect to case management and putting subtle pressure on judges to be more engaged in managing their courts,” said Bob Runciman, committee chair. “What we’re trying to do with our number one recommendation is get the judiciary more engaged in ensuring their courts are managed efficiently, in a timely way, so we don’t have these very long delays which are upsetting to all.”
Runciman says the inordinate delays are taking a toll on public perception of the court system. “It’s having a damaging impact on Canadians’ trust in the justice system and how they’re going to deal with offenders and how they’re going to treat victims.”
Rahim Visram is fully aware of the court system’s current inefficiencies. Visram has been waiting for the trial of his wife’s alleged killer for 29 months and he expects his frustrating wait will continue well into next year.
“The soonest we can get a trial date is December 2017,” explained Visram. “I’m dumbfounded at how incompetent our legal system has become.”
In May 2014, Fahmida Velji-Visram accompanied her friend Sanju Devi to a home in Penbrooke where the two women were fatally stabbed. Devi’s estranged husband, Hari Pal, faces two counts of second degree murder and an aggravated assault charge in connection with the deaths.
In addition to the backlog at the Calgary courthouse, Pal’s trial has been further delayed by an assessment to determine if the accused was fit to stand trial.
“Right now, we’re just over two and a half years,” said Visram. “We’re going to be closer to three and a half years by the time we actually get to trial, if we get to trial.”
“How do you keep calm and try to move on with your life when you don’t know what’s going on in the past?”
Visram says he’s received a number of excuses for the trial’s delay including a lack of court time and judge-related delays.
According to an interim report, the median time in Canada for a homicide case, from the laying of charges to a court decision, is 15 months.
Recent high-profile Calgary homicide cases are taking much longer than the average.
- Douglas Garland, accused in the deaths of five year old Nathan O’Brien and O’Brien’s grandparents Alvin and Kathy Liknes, was charged in 2014 but his trial will not begin until January 2017
- Matthew de Grood was found not criminally responsible in May of 2016 in connection with the deaths of five post-secondary students at a house party in Brentwood in April 2014.
Defence lawyer Balfour Der, a former Crown prosecutor, says extended time between charges and trials has become the norm in homicide cases in Calgary.
“The long delays that we’ve had at the Court of Queen’s Bench level, for jury trials where the most serious cases end up, has been getting progressively worse over a number of years,” “In terms of provincial court, where most of the criminal work is done, it’s also been progressing in time although there’s real effort from both courts to try to shorten it.”
The attorney suspects a shortage of judges and the overbooking of time for a trial are contributing to the delays.
“The reason for the delay, as far as I know as a practicing lawyer, is that there isn’t simply enough court time. Court time could either mean space or availability of judges. It’s not likely space because we’re in a beautiful new building with lots of court rooms.”
Der says the murder trial of one of his clients will be heard in February of 2017, three years after the offence took place and the arrest of the accused. “He has been in custody every day of those three years.”
Wednesday’s Senate Committee on Legal and Constitutional Affairs hearing included statements from Calgary judges and Chief Constable Roger Chaffin of the Calgary Police Service.
For additional information regarding the committee's recommendations, visit the Delaying Justice is Denying Justice interim report.
With files from CTV's Ina Sidhu