First, as a result of fifteen years of Charter litigation and interpretation cases take longer to try. With greater potential to exclude illegally obtained evidence there should also be more cases going to trial. The Court noted that governments have a constitutional obligation to commit sufficient resources to prevent unreasonable delay. This obligation distinguishes criminal law from some areas of law which compete for funding within the administration of justice. Many courts still attempt to cope with caseloads using technology that is not far removed from the quill pen.
Long delays occur at both levels of government in filling judicial vacancies.
The federal government has responded by effectively freezing transfer payments to the provinces which results in funding shortfalls at legal aid. Finally, provincial governments are committed to fewer resources. Closing local jails will only accentuate these delays. The result is that those involved in the administration of justice are being asked to handle longer and more complex cases and large case lists in short periods of time with fewer resources. In my capacity as the Criminal Lawyers' Association President, I attend many meetings which attempt to address these problems.