Former head of the NS Public Prosecutor’s Office denounces the provincial government for its legal system

Nova Scotia’s former chief of prosecutors says the provincial government gets a “fail” for its handling of the justice system.

Martin Herschorn said he felt compelled to speak out following a recent lawsuit and comments from Nova Scotia Attorney General Brad Johns.

Johns recently criticized Chief Provincial Court Judge Pam Williams, who said in a speech last month that the province needs more judges.

“It’s easy to throw shade and say we don’t have enough judges, we don’t have enough judges, but part of this is also the responsibility of the judiciary, I think,” said Johns after a provincial cabinet meeting Thursday.

Herschorn responded on Friday.

“I find the minister’s position unfortunate, it is misinformed,” he said.

“The total staffing of 28 provincial court judges has not changed in many, many years, while things around the court, the environment, have changed radically.”

He said a court ruling earlier this week illustrated the problem with a shortage of judges.

The child molestation charges against Brandon McNeil were stayed because no judge was available to make a ruling. Herschorn said he decided to speak out after hearing about that case.

On Friday, Johns announced the appointment of federal Attorney General Angela Caseley to fill one of two county court vacancies. In addition to the other vacancy, a judge is also out in the event of a long-term absence.

Herschorn does not want to speculate on how many judges will be needed to clear the backlog. He said part of the problem is that justice issues are not currently considered a top priority.

He said that needs to change.

“The court system, an independent director of the prosecution, a robust legal aid system, are fundamental to the preservation of our democracy and they must be supported or we will all be in trouble,” Herschorn said.

He said Johns’ criticism of Williams is unfair because she cannot respond. He said that means it’s for lawyers to speak out, which is why he said he made his statement.

Herschorn retired from the Public Prosecution Service in February 2022. He said the fact that his replacement hasn’t been named 15 months later is just another symptom of problems in the system.