‘Something is going to be missed’: N.S. Crown attorneys say they’re failing to meet base ethical obligations

The shortage of prosecutors in Nova Scotia is resulting in the rights of victims in the province being ignored, according to the president of the Nova Scotia Crown Attorneys’ Association. 

Brian Cox said inadequate staffing and resources amid “extraordinary workload pressure” is causing problems within the provincial justice system. 

“We’re inadequately prepared for trial and cases are being lost,” Cox said in an interview Thursday.

Cox said the association has lost 20 per cent of its workforce in the last calendar year.

Meanwhile, backlogs have increased. 

According to recent numbers released by the association, the backlog of homicide cases across the province is up 30 per cent in the last 10 years, while the backlog of sexual assault cases is up 101 per cent. 

When isolating sexual assault cases, the backlog over the last 10 years has grown by 61 per cent in Halifax, 200 per cent in Kentville, 463 per cent in Truro and 563 per cent in Pictou. 

The increase of complex cases has resulted in a workload that Cox said is “completely unsustainable” and, as a result, Crown attorneys are “failing to meet our base ethical obligations with the barristers’ society.” 

“I’ll give you an example. You walk down to Spring Garden Road courthouse in Halifax any regular work day and you’re going to see one of my colleagues walk in with eight Bankers Boxes full of files and that person received those files a day before court,” Cox said.

“The public expects that its Crown attorneys will have an opportunity to review the criminal prosecutions that they have carriage of before they get to court. That’s a reasonable expectation and that’s not an expectation that we’re meeting right now. It’s impossible.” 

Cox said victims are relying on Crown attorneys to seek justice on their behalf, but prosecutors are unable to properly prepare. 

“Right now, with burnout and workload and backlog as egregious as it is, something is going to be missed,” he said. 

“It’s inevitable, and in our line of work, if something’s missed, if you make a mistake, then somebody’s going to get hurt or somebody’s going to die. It’s just that simple.” 

He noted Nova Scotia also has the second-worst completion rate in Canada, taking 299 days on average to complete a case. 

Cox pointed to Manitoba, a comparative province with a population of 1.4 million people, which has 202 Crown attorneys. Nova Scotia has “less than half of that.” 

Earlier this year, New Brunswick promised it would hire 30 new prosecutors, on top of the 60 or so already employed with the province, in hopes of relieving pressure on prosecutors. 

“Right now, with burnout and workload and backlog as egregious as it is, something is going to be missed.” 

– Brian Cox, president of the Nova Scotia Crown Attorneys’ Association

Cox said even adding 50 Crown attorneys in Nova Scotia might be an underestimate of what is needed to sustain the criminal justice system. 

“We think that there needs to be a serious and long-term investment in the Crown attorneys who are working to the point of exhaustion just to keep our justice system afloat,” he said, adding that the association remains optimistic and wants to work with the provincial government to find a solution.

A spokesperson for the Justice Department said the department understands the Crowns’ concerns and has been in active discussions with the Public Prosecution Service (PPS) about workload and staffing pressures. 

“There is a lot of good work happening to improve the entire justice system, including new digital solutions, a full complement of judges, and targeted resources for PPS including new intake teams and specialized prosecutors,” the spokesperson said in an emailed statement.

The Justice Department said over the past two years, 13 new positions have been approved for PPS, which includes nine new Crown attorney positions.

“Minister Johns and department officials have an upcoming meeting with the acting director of the Public Prosecution Service to discuss current staffing and workload, and improvements we can make.”