Pubdate: Fri, 05 Dec 2003 Source: Mississauga News (CN ON) Copyright: The Mississauga News 2003 Contact: http://www.mississauganews.com/ Details: http://www.mapinc.org/media/268 Author: Louie Rosella Note: Peel Region defence lawyer Gary Batasar said part of the problem is that police are laying petty charges for minor thefts and possession of small amounts of marijuana, that clog up the courts. LAWYERS, COPS FINGERPOINTING OVER BACKLOG Battle Out Of Court Defence lawyers went on the offensive yesterday, blaming Peel Regional Police and other forces for the backlog of cases in provincial courts that could result in thousands of accused Mississauga criminals being set free. The provincial auditor's report released this week warns that thousands of criminal cases in Ontario could be tossed out because of the serious court backlogs. In Peel alone, there were 22,927 cases awaiting trial this past spring. More than half of those will take close to a year to get to trial, said Peel Chief of Police Noel Catney. In an interview with The News yesterday, Catney expressed frustration with the countless court delays and the idea that those charged with serious crimes may not be prosecuted. "Part of maintaining a safer community is having a judicial service that serves the community to the highest level possible. We don't have that now," said Catney. "Very serious and high profile matters could be in jeopardy." In the U.S., high profile cases get to trial within eight months, Catney said. In Peel Region, which houses one of the busiest court systems in Ontario, similar cases take three years before they get to a trial judge or jury. The biggest losers in criminal charges being thrown out of court will be the victims and their families, said Catney. Attorney-General Michael Bryant confirmed that the backlog is a concern, and that his ministry is in the process of hiring 20 new judges and 50 more prosecutors. "These are very serious findings by the auditor. The Conservative government ignored these warnings for 10 years and now we are going to have to clean up this mess," he said yesterday. But, hiring more lawyers and judges aren't the only solution to speeding up the process. Defence lawyers pointed a finger at police, claiming their failure to turn in evidence on time and ineffectiveness in laying charges is contributing to a growing backlog in Ontario's criminal courts. Crown attorneys are required to disclose all relevant evidence to an accused person's lawyer before trial, but prosecutors often face delays getting the information from police, said Ralph Steinberg, president of the Criminal Lawyers Association. "Initial disclosure is provided early on in that process, but requests for additional disclosure are not satisfied for a considerable period of time," he said, adding that, overall, police are "quite slow" in responding to follow-up requests from prosecutors. Catney dismissed the complaint as "absolute hogwash." "Disclosure requirements are something we strive to meet and from my perspective, those requirements are being met and superseded by (Peel police)," he said. Peel Region defence lawyer Gary Batasar said part of the problem is that police are laying petty charges for minor thefts and possession of small amounts of marijuana, that clog up the courts. In 1990, the Supreme Court of Canada ruled that people waiting for eight months or more for trial are being denied their civil rights to a fair hearing. As a result, about 50,000 criminal charges were dismissed -- 8,000 of which were in Peel Region. - --- MAP posted-by: Larry Seguin