'Incompetence': Saskatoon lawyer says a judge shortage puts trials at risk

A Saskatoon lawyer is warning the public about a persistent shortage of judges in the province’s superior court system that’s putting criminal trials at risk.

Brian Pfefferle, the president of the Saskatoon Defence Lawyers Association, is worried about the shortages and the effect it could have on people’s right to a timely trial.

"The justice system has been stretched to a very, very thin, thin layer for a long, long time now," Pfefferle said.

"We have important rules in Canada that an accused person is entitled to a right to a trial within a reasonable period of time."

Pfefferle's chief concern is the number of vacant positions in the Court of King's

Bench, whose judges are appointed by the federal government.

When Pfefferle began working criminal cases, trials would routinely be scheduled six to eight months in advance. Now, trials are being scheduled more than a year out.

"The rule of law is fundamental. And if you don't have a rule of law, and you don't value that and put a priority on that, it can undermine both the confidence that people have in the system," Pfefferle said.

Brian and Debbie Gallagher are two people that understand court delays well.

Their daughter Megan Gallagher went missing on Sept. 19, 2020. Her disappearance was investigated as a homicide the following January.

Brian and Debbie, who live outside of Saskatoon, say they've made up to 200 separate trips to court to face the people accused of killing Megan.

"At first it was frustrating. And then sometimes you get numb to it. And then sometimes you're heartbroken too. It often seems frivolous," Brian said.

While there is no way to determine if any of the Gallaghers' visits to Saskatoon were delayed or adjourned because of open judge vacancies, they have become used to a myriad of delays.

"It's re-traumatizing every single time," Debbie said of the many court appearances that last just a few minutes. "And it makes you feel like nobody cares. If it was their daughter would things be different?"

Saskatchewan currently has four vacancies for federally appointed judges — three in Court of King's Bench and one in the Court of Appeal.

The Office of the Commissioner for Federal Judicial Affairs Canada is responsible for the administration and process of appointing federal judges.

Federal judicial appointments are made by the Governor General acting on the advice of the federal cabinet. Applications are assessed by an advisory committee, which then makes a recommendation for appointment to the Minister of Justice.

A statement from the Ministry of Justice says the vacancies account for 6.8 per cent of the total workload.

Three judges were appointed in Saskatchewan in 2023, but that was offset by two retirements last November.

“Our goal is to fill the vacancies in due course,” the statement said.

Pfefferle feels the process could be quicker.

"If someone was to say to me, what's the reason there haven't been judicial appointments? It would be hard for me not to say that it comes down to incompetence," he said.

The Gallaghers learned last week that two people accused in Megan's death — Roderick William Sutherland and Thomas Richard Sutherland — will go to trial in March and April of 2025, nearly five years after her disappearance.

"And there could be appeals," Brian said. "We could be at this yet for a number of years.

"We may not even be alive to see it happen because of the length of time that it takes."

Pfefferle isn't pointing the blame at judges, either. He's become used to seeing judges double book themselves, call in from Hawaii while on vacation or forego preparation days to try and quicken the process.

Some retired judges have even sat in on cases to help out, according to Pfefferle.

The Supreme Court of Canada has a ruling that trials must go ahead in provincial court within 18 months of charges being laid, and in superior court within 30 months of charges being laid.

Pfefferle says judges are working around the clock to make those timelines realistic, and he has seen cases dismissed because of unreasonable delays.

"Anytime a case has been dismissed for unreasonable delay is a case where no one's had justice," he said.

"Any day that goes by without a vacancy like this being filled is a day too far from the perspective of defense."