A modest proposal

A week or so ago I finished a trial. The matter took two years to come to trial.

Why?

There were many reasons but one of them was a lack of judges.

Ontario Court of Justice judges are famously busy -- and much of their work is involved in taking guilty pleas. The vast majority of criminal cases in the Ontario Court of Justice end in guilty pleas -- and a vast amount of judicial time is taken in plea court. If that task was removed judges would become available to do more trial work and the system overall would be speeded up.

But how can guilty pleas be taken from judges? Someone has to decide sentences and that is a very important decision; it is no trifle to send someone to jail.

Fortunately there is a highly trained cadre of expert judicial officers, Justices of the Peace, who can take most guilty pleas -- and Justices of the Peace are already entitled under law to take guilty pleas; it is merely a practice that they do not currently do so.

In Ontario, Justices of the Peace must have a university degree, or equivalent, and a minimum of 10 years work experience. They are appointed following careful vetting by an arms-length non partisan appointments committee similar in structure to that used for the appointment of Ontario Court of Justice judges.

All new Justices of the Peace undergo a rigorous training cycle. After initial training justices of the peace have a continuing legal education process. They deal daily with highly complex legal matters and are fully experienced in sentencing for provincial offences -- there is no reason they ought not apply these skills to criminal code matters. Having been involved with the ongoing legal education of justices of the peace, I can attest to their professionalism and dedication to knowing the law they apply.

There are approximately 325 justices of the peace in Ontario. They sit across the entire province and are a truly diverse bench. Justices of the peace come from all backgrounds, races and religions and there is close to true gender balance, especially for more recent appointments. Justices of the peace genuinely reflect the people of Ontario; expanding their role slightly to deal with guilty pleas can only speed justice.