One B.C. provincial court judge took the B.C. government to task for hiring delays that led to charges being thrown out of court.One B.C. provincial court judge took the B.C. government to task for hiring delays that led to charges being thrown out of court. (Mike Laanela/CBC)

Five new provincial court judges have been appointed as British Columbia moves to fill a judicial void.

Some judges have resorted to throwing out charges on everything from drunk driving to cocaine trafficking due to trial delays caused by the shortage.

The new judges will help ensure more timely management of court cases, B.C. Attorney General Mike de Jong said Friday.

Delays owing to more work than judges could handle have led to stays on several charges, including a cocaine trafficking allegation against a man who waited more than two years to get to court.

'The failure of the government to act has now imposed a crisis.'— B.C. judge Darrell O'Byrne

In 2005 and 2006 there were 143 judges, but that number had dropped to 124 by 2010.

The appointments come only days after B.C.'s tough new drunk driving laws came into effect, which are expected to require more judicial resources.

The new judges are:

  • Sheri Mark for the Kamloops District.
  • Roy Dickey in South Fraser.
  • Steven Merrick in the Coast District.
  • James MacCarthy on North Vancouver Island.
  • Marguerite Shaw in the Okanagan.

Judges have admitted frustration in several court rulings over the lack of manpower, saying it's unfair for people to pay for a lawyer and show up for trial dates that get cancelled or postponed because of overbooking.

In two highly critical judgments, Judge Darrell O'Byrne chastised the provincial government for delays in hiring judges that set off several stays in charges for those who waited too long before their case went to trial.

"The failure of the government to act has now imposed a crisis upon the Cariboo Northeast District," he wrote in the judgment released on the provincial court website.

Justice denied

In May, Judge Ronald Webb stayed several drunk driving allegations in Golden, B.C., and a charge of cocaine trafficking against a Cranbrook man.

"Justice delayed is justice denied," he summed up in the ruling staying the trafficking charge against Darren Williams.

Webb said police were also frustrated because their investigations took far too long to come to an end.

The process for appointing judges starts with applications by lawyers — who typically have at least 10-years experience — that are reviewed by a B.C. Judicial Council.

The council, comprising the chief judge, other judges, lawyers and lay people, makes recommendations to the attorney general. The final appointment is made through a cabinet order-in-council.

New judges have also been recently appointed in Surrey, Prince George and Cranbrook.