Today's Globe and Mail

The enemy of justice
JAMES MORTON

Past President, Ontario Bar Association
November 4, 2008

Gary Mason is quite right to say the delays in our criminal justice system are ridiculous (Delays And Drawn-Out Procedure Turn Justice System Into A Farce - Nov. 1).

As a lawyer, I have seen just how seriously delays impact on the criminal system. Charges in complex matters are not laid quickly. Serious cases commonly take years to get to trial; during the delay, witnesses' memories fade, evidence ages and, sometimes, innocent accused wait in jail for trial (or the guilty walk the streets free on bail).

Delay, the enemy of justice, is a byproduct of complexity and unfortunately, our criminal system has become very complex. One of the most difficult tasks reform of the system faces is simplifying the process while protecting the system's integrity - we must be fast but just.

To do this, we need to have the provinces and federal government work together: Criminal law is a federal matter but prosecuting crime is provincial. Efforts are being made to speed up the system. In Ontario, the Attorney-General has set targets for delay reduction and the federal government has expressed interest in criminal law reform.

This is not a matter of being "tough on crime" or of politics; it is a matter of making the system work.