Senator Martin: This isn’t a new problem, leader. The Supreme Court rendered its Jordan decision in July 2016, and, as Senator Boisvenu stated, serious criminal charges, including first-degree murder, have been stayed in the wake of this decision. Yet, the Trudeau government has done such a poor job filling federal judicial vacancies that Chief Justice Wagner says justices across Canada are being forced to pick and choose “the criminal matters that ‘deserve’ to be heard.”

Leader, can you make inquiries and let us know how many cases have been stayed across Canada under the 18-month and 30-month time limit set out in Jordan? As well, how many cases are currently in danger of being stayed?

Senator Gold: The decision whether or not to stay a particular case is in the hands of the judges who have to weigh a myriad of factors. Each case is distinct. Each case has a blend of factors which include and implicate — if that’s the neutral word — the roles of the Crown, the roles of the defence and other matters dealing with the administration of justice. It is simply important to underline that this government has confidence in the judiciary to manage these matters, consistent with their constitutional obligations for a speedy and fair trial. Again, I repeat, as for the vacant positions, the government is working diligently to fill them.