Past political pledges for reform ring hollow as court delays and funding cuts persist
January is a fine time for reflection – a moment to think back on the past year and make ambitious resolutions for the new one. Or, more accurately, it’s a time to lie to yourself and those you hold dear. My odds of hitting the gym and shedding the ten pounds that have banished half my suits to the “maybe someday” section of the closet are about as good as the federal Liberals’ chances of winning the next election. Spoiler alert: not great.
But here’s the thing – politicians are not immune to this New Year’s self-delusion. Case in point: in the final gasps of 2024, Ontario’s Attorney General Doug Downey emerged on social media to declare, “This year, we got a lot done. Our government modernized the justice system and expanded access to justice for more people – something I’m proud to celebrate. In the new year, we will continue building on our progress!” Ah yes, classic politician energy: a triumphant pat on the back for doing their job – or at least pretending they did.
Downey even brought receipts, listing off his so-called achievements: passing the Enhancing Access to Justice Act; increasing court capacity by adding 25 judges, more Crown prosecutors, and courthouse staff; doubling Legal Aid Ontario’s income eligibility threshold to $45,440; cutting red tape in 18 different ways – because someone’s keeping a red-tape scoreboard; completing the Brampton Courthouse expansion; and appointing 45 new justices of the peace. Impressive? Sure – if you squint hard enough and ignore a few glaring problems.
A view from the trenches of the criminal justice system doesn’t back up Downey’s rose-tinted perspective.
Let’s start with the Enhancing Access to Justice Act – a piece of legislation so transformative I forgot it even existed. After diving into the bill's text, it’s hardly surprising that it’s made zero impact in the criminal courts. There’s little in there that would “enhance access” to anything.
If anything, we’re drowning in more red tape. Setting a simple trial date in most Ontario courthouses has become a Kafkaesque nightmare: multiple court appearances, multiple forms, a dozen emails, at least three meetings, and then – wait for it – a year-long delay. The process is so inconsistent that it’s impossible to summarize because it changes depending on the courthouse or, apparently, the mood of the local administrative judge or, I assume, Mercury's retrograde alignment.
Now, Downey did open his wallet to write a $29-million cheque to appoint 25 new judges and hire 190 more Crown prosecutors, victim support workers, and court staff. His press secretary, Jack Fazari, even claimed this would “help prevent cases from being stayed for delay and keep communities safe.” Except… last year, a record-breaking 59 sexual assault cases were stayed because of delay. So, throwing money at a problem while failing to address its root causes is hardly a brag-worthy accomplishment.
Then there’s the judicial appointment process, which was marred by delays, fuelling rumours that Downey was dragging his feet because he couldn’t get his “preferred” candidates through – or, as he put it, “judges who reflect the same values he had.” Or maybe he just ran out of Crowns and cops to appoint. Since 2019, 70 percent of judicial appointments have come from prosecutor ranks, and nearly a third of justices of the peace came from law enforcement – a trend that continued throughout 2024.
And let’s not forget Downey’s boasting about doubling Legal Aid Ontario’s income eligibility. This one’s a real gem. On December 11, 2024, Legal Aid Ontario announced a much-needed – but temporary – increase in eligibility thresholds. An individual qualifies for legal aid only if their income is below $18,795 – a figure so low it’s about $10,000 below the poverty line. The new threshold? $45,440 for a single person. That’s a big jump for individuals but for a family of four? Their threshold moves from $45,289 to $45,440. Stunning. A marvel of modern access to justice.
At the time of LAO’s announcement, Downey said, “Our government is proud to support this proposal, which would enable Legal Aid Ontario to continue delivering quality legal aid services.” But here’s the twist: Downey claimed credit for this increase despite the Ontario government cutting $133 million from legal aid funding in 2019. When I asked whether this increase was his idea or his “support” included additional funding, Downey’s press secretary proudly told me that Legal Aid Ontario’s “current strong financial position” made the change possible. Translation: no, the increase wasn’t his idea, and no, there’s no new funding coming.
It’s like promising to feed twice as many people at a soup kitchen but slashing the food budget, then smugly pointing to the chef and saying, “Don’t worry, they’ll figure it out.” So, what happens when Legal Aid Ontario’s “strong financial position” runs out? Well, people will be left with empty promises as meaningful as Doug Ford’s infamous declaration in 2019: “If anyone needs support on legal aid, feel free to call my office. I will guarantee you that you will have legal aid.” Spoiler: He didn’t follow through on that guarantee.
Downey has little to be proud of in 2024. Court delays worsened, more charges than ever were thrown out of court, the justice system is strained to breaking point, defence lawyers are drowning in red tape, judicial independence has been undermined, and LAO is again being asked to do more with no additional support from the Ontario government.
But hey, it was a great year – and I’ll definitely lose those 10 pounds in 2025.
