By: Mackenzie Coleman, Law Student at the University of Alberta
In Manitoba, there is a shortage of Crown attorneys due to challenges in hiring and retention.[1]
Christian Vanderhooft, president of the Manitoba Association of Crown Attorneys (“MACA”), says that the “government has failed to take meaningful action to address the workload problem for Crown Attorneys in Manitoba”.[2] In April 2023, MACA filed an official grievance with the Government of Manitoba to “improve the heavy workload carried by Crown Attorneys in Winnipeg. An increase in crime, the volume of disclosure to review, and the loss and lack of Crown Attorneys put the public at risk”.[3] The grievance will be heard by an arbitrator this year.
Vanderhooft states that numerous lawyers are leaving the province due to challenging working conditions, such as heavier workloads and tighter time constraints. Alongside this, advances in technology create “an unprecedented volume of disclosure to review”.[4] MACA also states that the RCMP utilizing body-worn cameras will only increase the volume of disclosure – particularly for circuit and regional offices.[5] Vanderhooft says that if “the province does not move on this, we will continue to lose experienced prosecutors to other provinces and push the system past its limits. We need leadership from the government to keep our streets safe. All Manitobans depend on it”.[6]
The lack of Crown attorneys has spanned over multiple administrations and “reflects the broader systemic failures of governance that prioritize special interest spending over core duties”.[7] Manitoba’s Justice Minister Matt Wiebe has stated that the Manitoba government hired more clerks to reduce court delays. Wiebe said that over 30 new Crown attorneys have been hired by since the NDP took office and the government is “working on recruitment and retention strategies, including signing a new deal to improve compensation for attorneys”.[8]
MACA views these actions as insufficient as Crown Attorneys are moving to British Columbia, Alberta, and Saskatchewan due to workload concerns. MACA asserts that new Crowns are being trained by the Manitoba Prosecution Service, benefit from the local experience provided for them, and then move to a different province to get paid the same amount as a senior Crown Attorney in Manitoba.[9]
A major contributor to the delays in the justice system is lack of staffing in the Crown attorney’s office. This can lead to stays of proceedings of cases that fail to meet the requirements of R. v. Jordan for trials in a reasonable time. A recent Manitoba Provincial Court case from Flin Flon illustrates this, with child pornography charges being stayed. Judge Hembroff noted “the severe implications: justice was denied for the accused, the victims, and the public, the charges were serious, involving explicit materials featuring a child aged eight to ten. The evidence was substantial, yet procedural inefficiency meant no verdict was reached”.[10]. When “cases of this magnitude collapse, it undermines public confidence in the legal system and leaves victims and their families without closure. Moreover, it signals a failure to prioritize resources where they are needed most”.[11]
In 2024, Manitoba reached a record high of 99 homicides, more than doubling the 45 reported homicides a decade earlier in 2014. However, the “strain on Crown Attorneys is not only due to the continual increase in crime, but is compounded by complicated cases, stricter timelines for hearing criminal matters, and inadequate staffing which results in insufficient time to prepare for court”. [12]
A lack of Crown attorneys is an access to justice issue because it leads to potential unfairness in the justice system due to delays and case backlogs. If there are not enough prosecutors, accused persons may experience an unfair trial because their cases may not be properly assessed. Victims’ rights are also affected. If cases are being delayed and dismissed, victims may feel unheard and unprotected. Increasing wait times increases emotional distress and causes victims to lose faith in the legal systems. In Manitoba, cases are being dismissed due to delays which could potentially put the public at risk. Clearly, the Crown attorney shortage is an access to justice issue because it leads to inefficient prosecutions, dismissed cases, and weakened public confidence in the justice system.
[1] Kevin Klein, “KLEIN: Manitoba’s justice system is failing” (29 December 2024), online: < https://winnipegsun.com/opinion/columnists/klein-manitobas-justice-system-is-failing>.
[2] CityNews, “Crown attorneys say working conditions approaching crisis level” (10 January 2025), online: <https://winnipeg.citynews.ca/2025/01/10/crown-attorney-association-claims-public-at-risk/>.
[3] Winnipeg Sun, “Manitoba’s inaction to reduce workload of Crown Attorneys put public at risk” (10 January 2025), online: <https://winnipegsun.com/news/provincial/manitobas-inaction-to-reduce-workload-of-crown-attorneys-puts-public-at-risk#:~:text=The%20Manitoba%20Association%20of%20Crown,puts%20the%20public%20at%20risk>.
[4] CBC News, “Crown attorneys call on Manitoba government to help address ‘dangerously heavy caseloads’” (10 January 2025), online: <https://www.cbc.ca/news/canada/manitoba/crown-attorneys-grievance-province-workload-1.7428341>.
[5] Supra, note 2.
[6] Ibid.
[7] Supra, note 1.
[8] Supra, note 4.
[9] Supra, note 3.
[10] Supra, note 1.
[11] Ibid.
[12] Supra, note 3.