'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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.