LAWYERS, COPS FINGERPOINTING OVER BACKLOG

Battle Out Of Court

Defence lawyers went on the offensive yesterday, blaming Peel Regional
Police and other forces for the backlog of cases in provincial courts
that could result in thousands of accused Mississauga criminals being
set free.

The provincial auditor's report released this week warns that
thousands of criminal cases in Ontario could be tossed out because of
the serious court backlogs. In Peel alone, there were 22,927 cases
awaiting trial this past spring. More than half of those will take
close to a year to get to trial, said Peel Chief of Police Noel Catney.

In an interview with The News yesterday, Catney expressed frustration
with the countless court delays and the idea that those charged with
serious crimes may not be prosecuted.

"Part of maintaining a safer community is having a judicial service
that serves the community to the highest level possible. We don't have
that now," said Catney. "Very serious and high profile matters could
be in jeopardy."

In the U.S., high profile cases get to trial within eight months,
Catney said. In Peel Region, which houses one of the busiest court
systems in Ontario, similar cases take three years before they get to
a trial judge or jury.

The biggest losers in criminal charges being thrown out of court will
be the victims and their families, said Catney.

Attorney-General Michael Bryant confirmed that the backlog is a
concern, and that his ministry is in the process of hiring 20 new
judges and 50 more prosecutors.

"These are very serious findings by the auditor. The Conservative
government ignored these warnings for 10 years and now we are going to
have to clean up this mess," he said yesterday.

But, hiring more lawyers and judges aren't the only solution to
speeding up the process.

Defence lawyers pointed a finger at police, claiming their failure to
turn in evidence on time and ineffectiveness in laying charges is
contributing to a growing backlog in Ontario's criminal courts.

Crown attorneys are required to disclose all relevant evidence to an
accused person's lawyer before trial, but prosecutors often face
delays getting the information from police, said Ralph Steinberg,
president of the Criminal Lawyers Association. "Initial disclosure is
provided early on in that process, but requests for additional
disclosure are not satisfied for a considerable period of time," he
said, adding that, overall, police are "quite slow" in responding to
follow-up requests from prosecutors.

Catney dismissed the complaint as "absolute hogwash."

"Disclosure requirements are something we strive to meet and from my
perspective, those requirements are being met and superseded by (Peel
police)," he said.

Peel Region defence lawyer Gary Batasar said part of the problem is
that police are laying petty charges for minor thefts and possession
of small amounts of marijuana, that clog up the courts.

In 1990, the Supreme Court of Canada ruled that people waiting for
eight months or more for trial are being denied their civil rights to
a fair hearing. As a result, about 50,000 criminal charges were
dismissed -- 8,000 of which were in Peel Region.