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REGIONAL WRAP-UP B.C.'s legal system in crisis mode "systematically" being drained of resources, said the president of the British Columbia Crown Counsel Association. Samiran Lakshman said while the number of Crowns has B increased to 459 in the province in 2010 "our workload has jumped enormously outstripping the staffing gains." Crown prosecutors are dealing with more complex cases and more mega-trials. The Robert Pickton trial required eight prosecutors, he said, and cur- rently there are three massive cases involving organized crime that are being prepared. They are draining 30 to 35 prosecutors from the system. "They are often your most senior and dedicated indi- viduals," he said, adding the Crown has also hired 10 new prosecu- tors to work on gang files but they came from within the system and their vacancies have not been filled. Lakshman said it is becoming known within the judiciary system that defence lawyers are telling their clients on offences such as impaired driving to opt for trial as there is a good chance that chronic delays in hearings mean the cases will be tossed out. "You would be remiss as a lawyer protecting the best interests of your client not to advise him that in courthouses there are such chronic delays," he said. Asked how many new Crowns are needed to balance the workload and fill vacancies, Lakshman said simply hiring more prosecutors won't fix the problem. More judges, prosecutors, and legal aid lawyers are required, he said, adding that cases are often taking longer because more self-represented litigants are coming to court. "You need systematic restoration of funding to all three key partners in the criminal justice system," he said. Without the funding, the system is moving toward major problems, he maintains, pointing to the report issued by the B.C. Provincial Court, which states there are a lack of judges to handle cases. "It is in a crisis and a ticking time bomb waiting to go off," he said, pointing to the report, which estimates there are 2,000 cases in danger of being abandoned by the courts. Th e 54-page report, "Justice Delayed: A Report of the Provin- "Justice Delayed: A Report of the Provincial Court of British Columbia Concerning Judicial Resources" is available online at cial Court of British Columbia Concerning Judicial Resources," states: "As of March 31, 2010, approximately 16,000 adult criminal cases were pending for more than six months, and of those 7,000 were over a year old, and 2,000 over 18 months. Judges will be required to consider and weigh a number of factors in considering applications by accused persons for judicial stays of proceedings due to unreasonable delay in having their trials heard. As a con- sequence, it is not possible to predict the number of adult crimi- nal cases where a judicial stay of proceedings will be entered. However, it is reasonable to con- clude that many of the 2,000 cases that will be ntitled-2 1 .C.'s legal system is a "ticking time bomb" and is operating in "crisis" mode today as its three main underpinnings — legal aid, Crown prosecutors, and the judiciary — are over 18 months old at the time of trial are at risk of being stayed." It says judges are simply not keeping up with the pace of new cases. "The Provincial Court of British Columbia is the only pro- vincial court in Canada with fewer judges today than in 2005. In fact there are 17 fewer judges, and unless further appointments are made, this will result in a loss of over 900 trial days in 2010 and over 1,600 trial days in 2011." It notes that in 2005 the court had 143.65 judicial full-time- equivalent positions. Even with new judges being appointed over the last few months, the court's complement of judges will stand at 131.30 judicial FTE, which is still 12.35 judicial FTE below the 2005 level. The cuts to B.C.'s legal aid system have been continuous since 2002 with reduced funding from government, staff layoffs, clo- sures of provincial offices, reduction of services, and removal of legal aid for poverty, family, and some criminal cases. The Legal Services Society in March 2010 announced it had replaced staff with legal agents in 33 B.C. communities and 50 locations. Agents are lawyers in private practice who provide legal aid and commu- nity outreach programs. — JS Is your client ready for a newpartner? The Succession Fund™buys shares from selling shareholders in owner-operated businesses. For more information call Larry Klar, (416) 867-8090 or e-mail klar@argosypartners.com www.successionfund.com www.CANADIAN Lawyermag.com FEBRUA R Y 2011 13 1/17/11 4:34:08 PM tin yurl.c om/5rmqg ck. ™Argosy Partners Ltd.