Increased number of homicides doesn't bode well for overworked N.L. prosecutors, association says

There are 17 homicide cases before the courts in Newfoundland and Labrador, and the head of the association that represents local prosecutors says the higher-than-normal caseload will be difficult to handle.

Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys' Association, told CBC News homicide files take a lot of preparation.

"You need people with experience, and two Crown attorneys are going to be prosecuting a homicide," Patten said.

"It's going to be very difficult for our membership to keep up with the increase."

Director of public prosecutions Lisa Stead could not confirm whether the province is facing its highest number of homicide cases at any given time, as they "don't keep those types of statistics."

But in a statement to CBC News, Stead acknowledged, "It is a high number as compared to total number of homicide prosecutions in recent years."

A previous internal government briefing note obtained by CBC News through an access-to-information request showed there were 13 ongoing homicide cases in 2020, nine in 2018, six in 2015 and 10 in 2012.

The number of ongoing homicide cases does not include appeals, or cases involving death by other alleged criminal activity such as impaired driving or criminal negligence causing death.

Stead said she couldn't comment on whether there are other homicide cases for which advice is being sought.

Boost to salaries a help

Patten said his association has been advocating for two things: salaries comparable with other jurisdictions and an increase in resources. 

In April, the province responded by boosting prosecutors' salaries — which have lagged behind those in other provinces — by over $1.5 million. Their salaries are now more in line with Nova Scotia, but prosecutors there are currently negotiating for more money to account for an increase in the cost of living.

Patten commended the province for listening to their concerns but said money is just one piece of the pie.

"We've essentially got the same amount of lawyers more or less that we've had within the last 10 years, but our file loads have actually doubled," Patten said.

"On top of that, not only have the files doubled, we're seeing more severe and extreme crime."

A report released in July by Statistics Canada backs that up.

Between 2021 and 2022 in Newfoundland and Labrador there was a six per cent increase in the crime severity index, which takes into account the change in volume of a particular crime and the relative seriousness of that crime in comparison with others. It has risen 21 per cent in the province over the last decade.

"I acknowledge that the increase in salaries are going to help with retention and recruitment. That's a long-term thing," said Patten.

"But certainly if people are just going with attrition and you're recruiting new people to replace them, that's not necessarily going to help us with the increase in file load that we've seen over the last 10 years."

Other jurisdictions in Canada have acknowledged the need for more resources to prosecute severe cases. In June, the Manitoba government pledged $3.4 million to add 25 more Crown attorneys in response to workload and workforce issues.

New Brunswick promised to increase the number of prosecutors by 50 per cent after the association of Crown attorneys there warned that staffing had reached a crisis point that risked the collapse of the court system.

Stead said Newfoundland and Labrador isn't at risk of dropping cases involving lesser offences in order to prosecute more serious cases, like homicides.

"It is important to remember that when we say a prosecution is active, it can be at any stage of the proceeding, from a charge being recently laid up to and including waiting for a judge to impose sentence," Stead wrote in an emailed statement.

"All of these 17 prosecutions are at different stages before the courts. As well, these prosecutions are occurring across several judicial centres in the province."

Stead said there are two temporary vacancies for Crown prosecutors in western Newfoundland related to parental leave that the office hasn't been able to fill. There are three vacant positions in two of the St. John's offices, Stead said, and she hoped those would be filled in the coming weeks.

Most of the cases — 11 of the 17 — will be heard in St. John's, where the offences are alleged to have occurred (including one in Mount Pearl). With the exception of one, all of the accused are men. Three of the cases are in Labrador.

Current homicide cases before the courts:

• Kirk Keeping, first-degree murder, Conne River.
• Kurt Churchill, second-degree murder, St. John's.
• Lorraine Obed, second-degree murder, St. John's.
• Sheldon Hibbs, second-degree murder, St. John's.
• Desmond Downey, manslaughter, St. John's.
• Fourteen-year-old male (identity protected by publication ban), Mount Pearl.
• Johannes Semigak, manslaughter, Hopedale.
• Manasse Andrew Bennett, first-degree murder, Nain.
• Eric Raphael Rich, second-degree murder, Sheshatshiu.
• Patrick Sulurayok, second-degree murder, Conception Bay North.
• Blair Christopher Walsh, second-degree murder, Corner Brook.
• Craig Pope, second-degree murder, St. John's.
• Dwayne Ginn, second-degree murder, St. John's.
• Robert Belbin, second-degree murder, St. John's.
• Tanner Oliver, manslaughter, St. John's.
• Brandon Tobin, manslaughter, St. John's.
• David Quirke, second-degree murder, St. John's.

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