Rise in homicide cases adds more pressure on stressed prosecutors

Newfoundland and Labrador's justice minister has been warned in a briefing note that prosecutors in the province, already burdened by an increase in workload, are facing pressure linked to the number of active homicide cases.

The details are spelled out in a document prepared for Justice Minister John Hogan on Sept. 21. CBC News obtained the briefing note through access to information.

There are 5,012 outstanding criminal files in the eastern region of the province, the document says. By comparison, there were 3,943 such files in February 2020. 

"This represents a 20 per cent increase in the workload of Crown attorneys since the beginning of the COVID-19 pandemic, despite no increase in Crown resources," the document says. 

"Given the increased judicial and public scrutiny on homicide cases, they require significant focus from Crown attorneys. For instance, investigative reports and evidence summaries may take weeks to review due to their complexity."

Analysis provided in the briefing note says the Public Prosecutions office has 13 ongoing homicide cases. By comparison, there were nine reported in 2018; six in 2015; and 10 in 2012. 

Just four of those cases date back prior to the pandemic, and five are in Labrador. 

Shawn Patten, president of the Newfoundland and Labrador Crown Attorneys' Association, said the office is lacking experienced, mid-level and senior lawyers to take on big cases. 

As per the Lamer Inquiry, sparked by the wrongful convictions of three Newfoundland men, two Crown prosecutors must be assigned to each homicide file. 

"It's not tough to find a couple of lawyers to do the file. The concern from the association's perspective is the depth of the Crown attorney's office, especially the eastern regions," Patten said in a recent interview.

Patten said about 50 per cent of the prosecutors in the Crown's office have five years experience or less, which is not conducive for more complex cases like homicides.

We're dealing with people at the worst point of their lives, especially in murders, we're dealing with family members of the deceased, appearing in court on high emotional issues for victims such as sexual assault.- Shawn Patten

The issue, he said, lies with retention of junior lawyers.

"We're getting lawyers coming into the department for two or three years and moving on either for more competitive salaries, for example Nova Scotia, or for workloads they find that are more manageable," Patten said.

According to the Nova Scotia Crown Attorneys Agreement, lawyers with less than one year of experience earn more than $80,000. Prosecutors in Newfoundland and Labrador start closer to $50,000 annually. 

"People come, they have student loans, trying to get a family started, it's too much of a gap to justify staying here," Patten said.

As junior lawyers leave the office, their files are being passed down to more senior lawyers who are becoming burned out by picking up the slack. 

"We're dealing with people at the worst point of their lives, especially in murders, we're dealing with family members of the deceased, appearing in court on high emotional issues for victims such as sexual assault," Patten said.

"Crown attorneys can a lot of times internalize it and do their best to push forward but it does take its toll, and especially on top of a heavy workload."

Patten said it results in a trickle-down effect where senior lawyers also leave for other opportunities. 

Minister hasn't responded to association's concerns

Patten said he wrote the justice minister last month outlining his concerns as well as possible solutions, including adjusting entry level salaries and reducing workload. 

Patten said the association has not yet heard back from the minister's office. 

Hogan was not available for an interview. But in response to questions, a department spokesperson said there are currently three vacant Crown positions in the province.

There is no apparent plan to address the issues facing the office, and the spokesperson said the department is confident in the existing expertise in the office.

Public prosecutions "seeks to ensure that complex or serious files are assigned appropriately.  A mentoring system, consultation and discussion is highly encouraged."

"While we acknowledge there are challenges recruiting in some regions of the province, efforts are ongoing to fill vacancies as soon as possible."

The Alberta government is facing similar issues recruiting and retaining Crown attorneys. That province has committed to hiring 50 new prosecutors by the end of 2022-23, including 20 this year.

The plan began in 2020-21 and is projected to cost about $10 million per year by the time it concludes.

Asked if the government here plans to follow suit, the department pointed to three new prosecutorial positions, which were created following the 2016 Jordan ruling by the Supreme Court of Canada.

The department would not confirm if it received a letter from the Newfoundland and Labrador Crown Attorneys' Association. 

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