CALGARY -- Alberta gained a measure of relief Thursday as it battles a shortage of judges that threatens to toss more criminal cases out of court.
But Justice Minister Kathleen Ganley says the judge shortage still exists and the province will take measures to ensure violent cases aren't tossed out because of delays.
Ganley was informed by reporters of the five new appointments while she was holding a news conference to announce new case management measures.
"If that's the case then we are really happy to see that. I think it shows they're willing to work co-operatively with us. I think that's really important," said Ganley.
There had been eight vacancies before, and on Thursday Ganley announced she and Ottawa were working together to create another 10 vacancies to be filled to bring Alberta closer in line with other provinces in terms of judges per capita.
With the addition of the new vacancies and Ottawa announcement of five new appointments, the net result is 13 remaining vacancies.
The province appoints the lower court judges in Alberta but the federal government appoints the judges at the Court of Queen's Bench and the Court of Appeal.
Alberta has been struggling for a long time with a shortage of judges in its superior courts and has had the fewest per capita in Canada.
That shortage has now started to domino into dangerous consequences given July's Supreme Court decision -- known as the Jordan framework -- that places hard timelines on what can be considered an unreasonable delay bringing an accused to trial.
The ruling dictates an 18-month deadline to bring provincial matters to trial and 30-month deadline for superior court cases unless it can be proven the delay was the result of case complexity or unavoidable circumstances.
Last week, an Edmonton Queen's Bench justice stayed a murder charge against Lance Regan for the 2011 stabbing death of an inmate at the Edmonton Institution.
Regan was headed to trial this month, but the judge, citing the Jordan precedent, said Regan's right to a fair trial was compromised by the five-year delay.
In Calgary, defence lawyers in two other murder cases have served notice they will be making Jordan applications.
Last month, Alberta Chief Justice Neil Wittman told a Senate committee that backlogs were reaching a critical point. He said some cases are being deferred until 2018 for trial.
Ganley says her department will work with prosecutors and police to ensure serious cases are heard faster, with other cases moved to dispute resolution or resolved by other means if necessary.
"These matters are critical and require urgent attention," said Ganley.
"The Jordan decision represents a marked departure in the operation of law with little time to adapt."
The province is also adding another $9.4 million to Legal Aid Alberta, helping those who can't afford legal representation, bringing the total funding this year to almost $78 million.
The lawyers appointed Thursday are James Eamon and Jolaine Antonio from Calgary, and Bonnie Bokenfohr, Kevin Feehan and George Fraser from Edmonton.
In addition two of the current Queen's Bench judges will be elevated to the Court of Appeal.
By Dean Bennett in Edmonton
