In our view: Delays in the criminal justice system will worsen once the impact of recent budget cuts is felt

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We weren't surprised when members of the public expressed outrage over the recent stalling of a sex-crime prosecution.

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Woodstock provincial court Judge Leslie Jackson issued a stay of proceedings in June in the case of Christopher James Giberson, who faced a March 2006 count of sexual assault.

The judge brought the case to a halt after ruling that so much time had passed since Giberson was charged (more than three years) that it violated his charter right to a speedy trial.

With that in mind, we turned our attention to the case of Tracyville man Michael Gary Gilbert, who is being held in custody on a number of charges, including multiple counts of sexual assault, not to mention possession and making of child pornography.

Gilbert has been in custody since late January, and there's been no sign of trial dates being set yet.

He remains without legal counsel, though it's been suggested that may be due to his own refusal to co-operate with the requirements of Legal Aid New Brunswick.

However, the clock is ticking even faster, since Gilbert is being detained pending the outcome of the case, and the RCMP has reported that the investigation is ongoing and that more charges may be on the horizon.

If further charges are laid, that will inevitably lead to further delays, given the need for authorities to prepare and provide disclosure of evidence and the need for the defence to review it.

These two cases, while both alleging sexual offences, are quite different, and delays in both cases stem from unique circumstances.

Nevertheless, they do give us cause for concern about the smooth operation (or potential lack thereof) of the justice system in New Brunswick.

Some may have knee-jerk reactions to such news and suggest similar delays are orchestrated by defendants and defence lawyers. Others may feel the urge to point the finger at prosecutors or judges for failing to stay on top of cases.

The blame shouldn't fall on the hard-working individuals who participate in our criminal-justice system on a daily basis. Instead, the problem is a more systemic one.

It's clear that the justice system is overloaded, and those who earn their livings within it are overworked. Our system of criminal justice has grown more complex given the evolution of a number of factors, from charter rights to technology.

Sadly, we fear that more stays of proceedings in serious criminal matters may lie ahead. The province has cut funding to legal aid, leading to a reduction in services.

At the same time, the government is scrambling to fill vacancies in several Crown prosecutors' offices around the province while adding to the workload of federal judges by eliminating small-claims courts.

The province's usual refrain as of late is that times are tough.

If the government thinks things are tough now, wait until it has to face the music when justice is repeatedly denied due to its accounting decisions.