'The system is not functioning': Lack of forensic experts adding to already mounting court backlog
The backlog of legal cases continues to grow in Edmonton, a defence lawyer says, as both Crown prosecutors and defence attorneys struggle to find available forensic psychologists and experts.
Usually called upon during sentencing for serious crimes like sexual assaults, murder, or child pornography, forensic psychologists connect the practice of psychology with the law.
In December, one prosecutor requesting a dangerous offender assessment told the court they have a pool of approximately 12 to 15 qualified professionals to rely on in Alberta, with none having the capacity to take on additional work.
Shawn King, a defence lawyer, says the entire system "is backing up," even starting to impact forensic technicians, drug experts and private investigators.
"Justice is delayed, and when justice is delayed, that affects everyone," King said.
The legal system is still struggling to overcome delays caused by the COVID-19 pandemic and then a series of labour disputes between the province and both Crown attorneys and Legal Aid Alberta.
- Shandro strikes deal with crown attorneys who threatened to walk off the job
- 'Triple threat': Alberta Crown prosecutors overworked, understaffed, and more junior than ever, association says
"[People] could potentially spend more time in custody than they would if they just plead guilty and got the sentencing done right up front or found guilty and do the sentencing without the report," King added.
"For someone out of custody, it's not nearly as bad, but it keeps them on pins and needles, it keeps them on waiting what their fates going to be; it keeps them on bail conditions that may be exceptionally restrictive."
There are also further downstream impacts to consider, like delays to witnesses who want closure on their files or judge availabilities, King added.
"So if we have something that's happening four months or eight months down the line waiting for the report, then we still have to book time with the judge, and if the reports late, we have to find time with that judge again or time with that court again," he said.
When the defence requests a forensic psychologist, it's paid for privately or, in most cases, by legal aid. King says the rate needs to be higher for many forensic experts, not just psychologists, they once relied on.
"It's not worth their time to be taking on such a low rate," King told CTV News Edmonton. "They start becoming in hot demand or high demand and then their workload gets heavier and heavier and then things start getting pushed back because they just can't do it all in one shot."
King estimates if the legal aid tariff for forensic experts was raised and was indexed to inflation, more would do the work.
"Even psychologists that used to do legal aid work for me five years ago, they say, 'Look, inflation has gone up and the rate has stayed the same,'" he said.
The province recently increased legal aid rates for lawyers but has yet to respond to CTV News Edmonton when asked if the same would be done for the various forensic experts.
- Job action by Alberta legal aid lawyers ends after government hikes rate 25 per cent
- 'Meaningful good faith' increase in hourly rate for Alberta legal aid lawyers Jan. 1
When requesting comment, Alberta Justice directed CTV News Edmonton to Alberta Health Services. AHS said no one was available to comment. It has not responded to emails on the matter since publication.
"Eventually, what will happen is we start getting applications to have matters stayed because they've taken too long to be completed," King said. "So it just compounds over time."
King says if the backlog doesn't improve, it could impact more than just the criminal court.
"Family matters where people are trying to get divorces or access to their children or property will get pushed off, civil litigation gets pushed off, dealing with wills and probation and things along those lines, all that stuff gets pushed off because criminal court takes precedent," he said.
"Closure is a part of the justice system at the end of all of this. And if closure's taking longer and longer, the public needs to know this. The public needs to know that the system is not functioning the way it should be."
CTVNews.ca Top Stories
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
7 surveillance videos linked to extortions of South Asian home builders in Edmonton released
The Edmonton Police Service has released a number of surveillance videos related to a series of extortion cases in the city now dubbed 'Project Gaslight.'
Ukraine uses long-range missiles secretly provided by U.S. to hit Russian-held areas, officials say
Ukraine for the first time has begun using long-range ballistic missiles provided secretly by the United States, bombing a Russian military airfield in Crimea last week and Russian forces in another occupied area overnight, American officials said Wednesday.
Pilot reported fire onboard plane carrying fuel, attempted to return to Fairbanks just before crash
One of the two pilots aboard an airplane carrying fuel reported there was a fire on the airplane shortly before it crashed and burned outside Fairbanks, killing both people on board, a federal aviation official said Wednesday.
BREAKING Manitoba government tables bill to end ban on homegrown recreational cannabis
Manitoba is planning to lift its ban on the home growing of recreational cannabis.
All Alberta wildfires to date in 2024 believed to be human-caused: province
There are 63 wildfires burning in Alberta's forest protection area as of Wednesday morning and seven mutual aid fires, including one in the Municipal District of Peace.