Law Times

Law Times • January 10, 2011 NEWS PAGE 3 New stats show mixed record for Justice on Target But attorney general confident project will succeed in speeding up courts BY MICHAEL McKIERNAN Law Times O ntario's attorney gen- eral insists the prov- ince's Justice on Target project will hit its objectives despite mixed results revealed in new statistics. The project, launched in June 2008, set the ambitious target of cutting both the av- erage number of days and the number of appearances to dis- pose of a criminal charge by 30 per cent by June 2012 using 2007 numbers as a baseline. But statistics released last month, taking figures up to June, show the number of appearances has fallen by just 3.3 per cent so far to 8.9 from 9.2. Meanwhile, the number of days to disposi- tion has actually increased in the same period by 2.9 per cent to 211 from 205 in 2008. The picture is far more en- couraging in the three action sites where the government first launched the project: North York, Newmarket, and London, Ont. In North York, the effect has been the most dramatic with a 16-per-cent drop in total ap- pearances and an 18-per-cent decrease in days to disposition. In Newmarket, the number of appearances is down 3.5 per cent, although the average num- ber of days has gone up by 6.2 per cent. In London, the num- ber of appearances is virtually the same as it was in 2007, but the number of days to disposi- tion has fallen by 2.2 per cent. Eight more sites joined in dur- ing 2009, and the government only rolled out the program provincewide in October. Attorney General Chris Bentley compares the proj- ect to turning around a large ship, telling Law Times that a lot of the hard work has al- ready been done at the action sites to identify practices that work. While he expects all sites to reap the benefits over the final two years of the project, he was especially encouraged by the provincewide decline in the average number of appear- ances to dispose of a charge in the latest figures since that was the first time that statistic had gone down following 18 years of steady increases. "We've stopped the ship," he says. "We've now changed direction. And it will accelerate its pace. Once a jurisdiction figures out the most effective way to get cases dealt with, it just accelerates." Bentley notes the results would look even better except for bench warrants, which he blames for the continued in- crease in the average number of days to disposition. He says many courthouses used Jus- tice on Target as a spur to clear out bench warrants going back years, which meant a signifi- cant number of cases thousands of days old were technically 'We've stopped the ship,' says Chris Bentley. disposed of that thereby skewed the numbers. Bentley notes the progress at the North York courthouse in Toronto gives him particular confidence that the targets are realistic. "They deal with some very challenging neighbour- hoods. They're down almost 20 per cent, and I didn't give them any extra Crowns or a single extra judge. It shows that it can be done." But MPP Ted Chudleigh, attorney general critic for the provincial Conservatives, de- scribes the gains as "modest" and fears any improvements have come at the expense of weak plea bargains and leni- ently dropped charges. He highlights the case of Tzvi Erez, a Toronto man accused of defrauding investors of $27 million in an alleged Ponzi scheme. Charges against him were dropped, and a leaked e- mail from a Crown attorney suggested competition over trial time was a factor. "As noble as it is in theory, I don't think this program is do- ing justice a very good turn in Ontario," Chudleigh says. "It's been poorly implemented, and I don't think there's been good direction going along with it." Chudleigh worries the pub- lic won't be served if Crown at- torneys are pressured to dispose of cases quickly. "Clearing the slate is not the purpose of the case. The purpose is to bring justice to Ontario. I'm afraid it's being abused in that area." But Bentley insists the speed of the decisions under Justice on Target doesn't affect the outcome of cases. In the past, he says matters that didn't need a trial would be scheduled for one anyway only to reach a resolution on the eve of pro- ceedings. Justice on Target gets Crown attorneys involved earlier in the process to advise police on whether a charge will stand up in court. "What we're doing is saying, 'Rather than making the deci- sion on the day of trial, make the same decision, but earlier, before you adjourn the case a dozen times.' That's what's Days to Disposition Place Newmarket London North York Provincewide New statistics from Justice on Target Source: Ministry of the Attorney General 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 July 2009-June 2010 2012 target 176 141 195 176 193 164 214 186 Appearances to Disposition Place Newmarket London North York Provincewide 6.9 7.3 7.8 7 210 160 229 190 190 199 212 197 226 191 263 202 214 186 232 197 205 191 205 204 195 181 224 205 218 191 224 205 202 182 194 210 207 177 185 211 137 127 157 144 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 July 2009-June 2010 2012 target 6.8 6.2 7.3 6.7 7.7 7.8 8.4 7.3 happening," Bentley says. He adds that the reduced number of appearances has freed up the court's resources for the cases that require the most attention. According to Bentley, a one-day trial in New- market can now be scheduled within a few months when it could have taken up to a year before the project. "As a Crown attorney, I don't think your time 7.8 8.6 8.7 7.7 7.8 9.6 10.2 8.2 9 9.3 9.6 8.7 8.8 9.2 10.8 9.1 8.5 9.4 9.5 9.2 9.3 9.1 9.5 9.4 is best spent shuffling cases just to adjourn them from one day to the next. It can give you that extra time with a victim of a sex assault or figuring out a fine point of law on a case that needs to go to trial." At the same time, Bent- ley says it has been particu- larly difficult to bring together the many parties involved in the justice system, including 8.2 9.4 8.5 9.1 8.2 9.3 8 8.9 6.5 6.6 6.7 6.4 Crown attorneys, defence law- yers, judges, police, and correc- tional officers. "Even accepting that there are different loyalties, there are ways we can make the system work more effectively for all. What's unique about this is we brought everyone to the same table as equals. We're changing the culture, and cul- ture change is never fast and it's never easy." LT Untitled-1 1www.lawtimesnews.com 1/5/11 3:05:23 PM

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