‘Stop with the excuses:’ Emotional appeals to overhaul court system amid growing backlogs

Emotional pleas by two survivors of violence calling on the Ford government to step up and properly fund the Ontario court system as criminal cases – some involving sexual and physical assault – are being thrown out due to delays and backlogs.

Cait Alexander and Emily Ager spoke out about a court system in turmoil after rape and assault charges against their alleged attackers were dropped due to delays and time constraints in the Ontario court system.

“Twice the criminal trial was scheduled. Twice it was cancelled under Chapter 11b of the Charter of Rights and Freedoms. This means an extremely violent abuser is free without a single consequence,” said Alexander, who earlier this week shared graphic photos with CityNews that documented some of the abuse, images that would have been used as evidence in the trial against her ex-boyfriend.

Pressures on the justice system started ramping up after the 2016 Supreme Court ruling to ensure trials were completed within 18 months of charges being laid or 30 months for federal cases. Critics say while the intentions were good, the system was not properly funded or staffed to handle the new pace.

“Dethrone the Jordan decision. R. vs Jordan was based on drug charges, it should never have been applied to cases regarding sexual assault and domestic violence,” said Emily Ager, whose rape trial came to an abrupt end last November due to the lack of courtrooms available to hear the case within the strict time limits set by the Supreme Court.

The province opened a new billion-dollar courthouse on Armory Street in February 2023 to consolidate criminal proceedings from six Ontario Court of Justice facilities in Toronto, North York, and Scarborough. However, staffing issues and courtroom closures have exacerbated the backlog when it comes to getting cases heard within the legal time constraints.

NDP MPP Kristyn Wong-Tam, who is also the opposition critic of the Attorney General, says the Ford government has failed to fix the issue.

“This government released its budget just two days ago. Court backlogs, bail and pre-trial detention were never mentioned not once. Emily’s rape trial began but could not finish because the timeline ran out,” she said in the legislature.

Attorney General Doug Downey told the legislature the government has hired over 340 individuals – crown prosecutors, victim witness assistants, court employees – to deal with the overcrowded court system.

Both Ager and Alexander say they will not back down and will continue to advocate until drastic measures are taken to ensure justice is served.

“This goes beyond us. We know that there are other victims of this broken legal system who like us will live with this pain forever. Enough is enough, stop with the excuses and make real change,” said Ager.