The province’s government announced Jan. 25 that it would be adding 27 permanent positions to its Public Prosecution Service (PPS): 11 Crown lawyers, six legal assistants and 10 new positions for the PPS’s “intake team pilot project.”
The new prosecutor positions and legal assistant jobs will “support specialized prosecution teams related to human trafficking and sexualized violence, as well as increase front-line Crown attorney positions around the province,” states a news release.
Towards the end of 2023, the Nova Scotia Crown Attorney’s Association (NSCAA) once again raised red flags over what it called an “impossible” workload faced by the province’s prosecutors as they attempt to tackle an overload of complex criminal cases.
When asked for comment on the new positions, NSCAA President Brian Cox told Law360 Canada that they were “very pleased” with the announcement.
“We view it as a positive step toward stabilizing the proper administration of justice in Nova Scotia,” said Cox. “It's clear the government has been listening to the concerns we've expressed and is investing in the long-term sustainability of our justice system in Nova Scotia. We anticipate these new resources will help reduce the crushing workload faced by frontline Crown Attorneys, and aid in the prosecution of increasingly complex cases, including sexual assault.”
He went on to say that as “new resources are onboarded across the province,” the NSCAA will “be able to assess the impact on case backlog and burnout, and make further recommendations as necessary”.
Back in November, Cox said that the rates of prosecutor burnout were “unprecedented,” and that 20 per cent of the PPS’s workforce had left over the course of 2023. At the time, Cox had said there were only around 100 prosecutors left in the province. At the same time, he pointed to a 30 per cent increase in the backlog of homicide cases and a 101 per cent increase in that of sex assault cases. Impaired driving cases were backlogged, as well.
At the time, Cox said overwork could result in prosecutors making mistakes — overlooking an offender’s “risk profile” during the review of a bail package, for example, or a similar error being made during a sentencing hearing.
This, he had said, poses a risk to the community.
Commenting on the new positions, Nova Scotia Attorney General and Justice Minister Brad Johns pointed to the need to address the backlog, which he blames on shutdowns during the COVID-19 pandemic.
“Nova Scotians want to feel safe in their communities and a well-functioning justice system is essential for their security and peace of mind,” said Johns in a statement. “We are committed to addressing pandemic-related backlogs and increasingly complex cases and reducing the number of cases dismissed without a trial. The [PPS] does important work on behalf of Nova Scotians and we will continue to work closely with them to address staffing and workload concerns and keep Nova Scotians safe.”
Director of Public Prosecutions Rick Woodburn thanked Nova Scotia’s government for the new job openings.
“These new positions will contribute significantly to the Crown's role in protecting public safety and reducing the risk of criminal cases being dismissed for delay,” said Woodburn. “The designated positions for racialized Crown attorneys will help the PPS better reflect our community and demonstrates our commitment to diversity and inclusion.”
For some time now, this court case backlog in Nova Scotia has been causing delay in criminal matters, which has led to a large number of cases being thrown due to the infringement on an accused’s rights to be tried in a reasonable amount of time. A longstanding judge shortage in the province has also contributed to the backlog.
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