British Columbians should be "alarmed" that delays in an overburdened court system have set an "unrepentant" cocaine dealer free, a prominent provincial court judge says.
Michael Brecknell, the associate chief judge for B.C. provincial courts, said he was forced to grant a stay of proceedings in the drug trafficking trial of Joseph William Hammer Wednesday, less than a month after finding him guilty of dealing cocaine beyond a reasonable doubt.
"The fact that an unrepentant drug dealer who … while involved in the trial of this matter, has been charged with further like offences should now be able to be free of the consequences of this very serious offence because the judicial system could not accommodate his trial within a reasonable time should alarm and concern the community," Brecknell wrote in his decision.
"However, all citizens, even drug dealers, are entitled to the full protection of their rights under the Charter."
The 50-year-old man and his brother were first arrested in Prince George in October 2007 after agreeing to sell a quarter pound of cocaine to an undercover police officer. When Mounties searched his home, they found another 0.62 pounds of the powder and more than $11,000 in cash.
The brother was convicted and sentenced to two years in prison less than a year after the offence, but Hammer's trial was pushed back time and again, according to court documents.
On his first scheduled appearance in 2007, Hammer appeared in court but soon discovered that his case was not on the daily list. In the 42.5 months before his eventual conviction, Hammer's dates were pushed back repeatedly while the court dealt with other matters, because no sheriffs were available and while the RCMP misplaced evidence, among other reasons.
Just four months of the delay could be attributed to the actions of Hammer and his defence lawyer, according to Brecknell, while five-and-a-half months can be blamed on Crown prosecutors.
When the time finally came for the judge to issue a decision in Hammer's case, it took him just 30 minutes to render a guilty verdict.
But the delay in reaching that verdict was unacceptable, according to Brecknell, a shortcoming that he blames on an overloaded court system plagued by shortages of judges, sheriffs and clerks. Prince George currently has one part-time and four full-time judges, down from six in 2005.
Another judge is scheduled to be sworn in later this month, but Brecknell said that, "will not adequately address case backlog issues."
By the end of March, there were 27,108 criminal cases waiting to be heard in provincial courts across B.C., of which 2,371 have been pending for more than 18 months.
In Prince George alone, the provincial court has 976 cases pending, including 74 that have been delayed by more than 18 months.
Brecknell blames the backlog on chronic understaffing, and points the finger directly at the provincial government.
"The court does not control the availability of facilities, nor the providing of adequate staff resources such as sheriffs and clerks, nor the appointment of a sufficient number of judges to hear cases of all types within a reasonable time," he wrote.
"That is the duty and responsibility of the provincial government to the citizens of British Columbia."
Hammer is currently awaiting trial on another eight unrelated charges, including drug possession for the purpose of trafficking, possession of a restricted firearm and careless use of a firearm. He appeared in court Wednesday for an arraignment hearing on that file.
A systemic problem
In a statement to ctvbc.ca, Attorney General Shirley Bond said she was troubled by the ruling in Hammer's case.
"We're always concerned when there is a stay of proceedings ruling - no matter what the specific reasons were for each individual case," she said.
Prince George is not the only courtroom dealing with unacceptable delays that have allowed criminals to walk free. Drunk-driving cases have been tossed out in courts across the province in the last 18 months, and at least two cocaine-trafficking cases were thrown out in Cranbrook.
In one of the most egregious examples, a man accused of shooting and killing a boy's puppy on Quadra Island had his charges stayed in February after he waited 29 months to face justice.
In response to the growing problem, the government added 14 new judges to the provincial court system in the last year, including two in Prince George, and will have 30 new sheriff positions in place by the end of December. The attorney general's office says another cohort of new sheriffs will be recruited in the next year.
Bond says that the province is trying to beef up administration as well, increasing staff numbers by up to 55 full-time positions.
"To help reduce the pressure on the courts, we are streamlining court procedures and using digital technology to get people to trial quicker," she said.
But the attorney general added that the public can help clear up the clogs in the courts by being more open to settlements.
"We need to encourage people to resolve disputes outside of court so they can be as efficient as possible and make room for those cases that require a courtroom," she said.
