Province plans 50 per cent increase in prosecutors after union warns of N.B. court 'crisis'

New Brunswick is planning a significant increase in the number of prosecutors handling criminal cases after a union representing the lawyerswarned of a crisis affecting court cases.

The province's budget includes money for 30 positions on top of around61that already exist. It would also add three more prosecutors to handlefamily court cases.

Kris Austin, the province's minister of public safety,told the legislature in late March it was a "historic" 50 per cent increase.

It follows warnings from the New Brunswick Crown Prosecutors Association that staffing hadreached a crisis point which risked the collapse of the court system.

Shara Munn, president of the association,expressed cautious optimism this week about the budget. Munn called it a clear acknowledgement of the problem.But shesaid the biggest concern is a lack of clarity on when the positions will be filled.

"We know that certain locations are in crisis and continueto be so," Munn said in an interview Wednesday.

"Just announcing funding on budget day doesn'twave a magic wand and solve the problem."

The union spoke publicly in February about concerns with staffing after aMoncton judge stayed a sexual assault case because theaccused had waited too long to be tried.

The judge said some of the delays were caused by the Crown prosecutors office.

"I think right now the problem is we are risking collapse of the entire system if we allow more experienced prosecutors to leave, if we don't figure out ways to recruit and retain more prosecutors," Munn told CBC in February.

Days later, a judge in Fredericton stayed25 chargesagainst a former Fredericton cardealer because of delays.

A 2016 Supreme Court of Canada decision set a ceiling of 18 months to conclude criminal trials in provincial court, and 30 months in the Court of King's Bench.

New Brunswick's budget would alsocreate two new specialized prosecutionteams: an organized crime unit and amajor cases unit in Moncton. It also plans to expand a unit that handles online child exploitation cases.

The province has yet to provide any details such as how much it will spend, where the positions will be located or when they will be filled. CBC requested an interview about the issue Wednesday but it was not provided.

RobertDuguay, a spokesperson for the province, said in an email that more details will be given when the justice minister presents the department's budget at a legislature committee in the coming weeks.

Experience concerns

Munnwelcomed the new units, saying that prosecutors have been challenged handling daily cases at the same time as more complex files.

Munn said the units will likely be staffed by experienced prosecutors, something that could leave new or less experienced staff handling daily cases.

"I have nothing againstnew lawyers, new prosecutors.I was one myself," Munn said. "But again, when you're in office that's struggling to keep up with the day-to-day, the idea of training new prosecutors is also daunting."

The union president pointed to Moncton, where Munn said about half of prosecutors have less than five years of experience.

CBC asked several veteran defence lawyers about the measures in the budget.

Gilles Lemieux, a lawyer who works in the Moncton area and has handled complex and high-profile cases,said he's unsure how the new positions will affect the people he represents.

"How that's going to translate in the actual nuts and bolts operation, I'm not exactly sure. Right now the problems the Crown is facing, and the courts are facing,involve a lot more than just hiring a few bodies."

He said the problems include long delays early in the court process caused by slow disclosure from the Crown of its evidence. Without that information, lawyers tend to ask for a delay before they're ready toenter a plea or continue to trial.

Lemieuxsaid he agreed with the Crown prosecutors union thatthere's a crisis in the court system.

"Is it because of a lack of staff or is it mismanagement? I don't know. It's hard to tell. They don'tpublicize what the problems are behind the walls."