OTTAWA — Opposition parties as well as top legal and judicial associations are calling on the Liberals to increase funding to the federal courts after a chief justice warned his court is in “crisis” and considering cutting hearings because of administrative budget shortfalls.
Peter Aprile, a senior counsel at Counter Tax Litigators, says he is literally losing sleep over the underfunding of Canada’s federal courts.
“The current situation is unacceptable,” said Aprile, who specializes in representing clients battling the Canada Revenue Agency. “I lost a night sleep over it last week, because I understand what the impact is going to be on taxpayers.”
“Without adequate funding, and the funding currently is inadequate, we risk undermining these institutions and denying access to the people who need it most,” added Aprile, who also sits on a Canadian Bar Association committee that liaises with Tax Court of Canada judges.
Aprile was one of many lawyers who were outraged by revelations in the National Post Thursday that the federal Courts Administration Service (CAS) is facing a “significant” budget shortfall of up to $35 million.
CAS is an arm’s length federal body that provides crucial administrative supports like registry, IT, facility and security services for the Federal Court, Federal Court of Appeal, Court Martial Appeal Court and Tax Court of Canada (communally known as the federal courts).
Together, the four courts hear appeals in a wide range of legal areas, such as immigration and refugee claims, tax bill battles with the Canada Revenue Agency, military discipline and administrative law.
Federal Court Chief Justice Paul Crampton told National Post that CAS’s financial situation is so dire that his court — which is on track to receive a record 24,000 immigration and refugee appeals this year alone — is considering cutting hearing dates and travel for judges to hear cases in the regions.
“I think we’ve reached a point where we’re going to have to reduce the level of services that we’re providing to Canadians, and that would therefore adversely, potentially significantly adversely, impact access to justice,” Crampton said.
On Wednesday, Justice Minister Arif Virani’s office said he was aware of CAS’s financial situation and that he will be meeting with the chief justices of the four federal courts Friday to find “sustainable solutions.”
In an interview, veteran lawyer and Canadian Immigration Lawyers Association member Mario Bellissimo said on Thursday the current funding offered to CAS by the federal government is untenable.
He says the federal courts are facing a “perfect storm” of rising and more complex caseloads mixed with insufficient resources. The effect is longer delays that have real and significant impacts on people’s lives, such as those waiting for an immigration decision or fighting a tax bill.
“Individuals are waiting longer and longer to have their cases assessed. Judges are further burdened. The remedies are becoming less effective for individuals,” he said. “It’s meant to be a fairly responsive court, and that’s just not happening.”
He thinks that only “drastic changes” will prevent the federal court system from becoming “so removed from everyday life that people don’t even consider it an option anymore.”
In a statement, the Canadian Judicial Council, the country’s judicial watchdog, said it is “increasingly concerned” by the “lack of sufficient resources” offered to courts across Canada.
“The Council encourages provincial and territorial governments, as well as the federal government, to invest accordingly in their respective jurisdictions. Adequate funding for the courts is a matter of respect for judicial independence, and is required at all levels, to ensure greater efficiency in the administration of justice,” spokesperson Krista Ferraro said in a statement.
The head of the CJC, Supreme Court Chief Justice Richard Wagner, told reporters in June that it’s “very difficult” to be a Canadian judge and that working conditions are “deteriorating” for magistrates across the country.
On Thursday, all three federal opposition parties lambasted the Liberals for underfunding the federal courts.
“Cutting back the number of cases heard in federal courts shouldn’t even be a consideration. The Liberal’s underfunding of the federal court could hurt asylum cases, Indigenous rights and national security. People deserve justice,” NDP justice critic Alistair MacGregor said in a statement.
“What’s concerning is that Justin Trudeau and the Liberals always cave when CEOs ask for handouts,” he added. “But when our judicial system and Canadians need it, they’re nowhere to be found. It’s wrong, and they must ensure our courts have the funding they need.”
In a statement, Conservative justice critic Larry Brock accused Prime Minister Justin Trudeau of having “broken” the immigration system all the while failing the justice system.
“Trudeau has failed so badly at this that his government was taken to federal court for violating its constitutional responsibility to appoint judges in a timely manner,” Brock noted.
Bloc Québécois immigration critic Alexis Brunelle-Duceppe said the Liberals’ underfunding of CAS was “inhumane” for immigration claimants and refugee seekers.
“The Trudeau government has allowed the asylum seeker crisis in Quebec and Canada to fester and is not even able to fund the tribunals that process these claims. The result: applicants wait years before receiving their results, creating inhumane situations for these families and undue pressure on host societies,” Brunelle-Duceppe said.
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