Ontario's criminal justice system is facing mounting scrutiny over its troubling trend of dropping criminal charges, and critics are pointing to the lack of data tracking as a significant issue. Despite the Ontario auditor general’s recommendation five years ago to track the reasons for withdrawn or stayed charges, the province has continued to sidestep this issue, even as legal backlogs worsen.
According to recent reports, more than half of all criminal charges laid by police in Ontario never make it to trial. This alarming statistic has raised questions about the efficiency and transparency of the province's justice system. The auditor general, Shelley Spence, has repeatedly urged the Ministry of the Attorney General to adopt tracking measures to shed light on why cases are being abandoned. “If you don’t know, you can’t manage,” Spence emphasized during her testimony to the standing committee on justice policy.
Notably, statistics reveal a sharp increase since 2020, showing 56 percent of cases concluded with charges withdrawn, stayed, dismissed, or discharged before reaching trial. This marks a significant 14 percent jump since 2013-14, when convictions were more common. With such numbers reflecting how the system operates, Spence's remarks highlight the pressing need for comprehensive data collection.
Experts argue this information is necessary to manage the progress of criminal cases and learn where the system falters. Shakir Rahim, director of criminal justice programs at the Canadian Civil Liberties Association, insists, “We are fortunate to be in a jurisdiction with the resources to invest in these initiatives, and it simply has to be done.” The lack of tracking not only hampers accountability but also jeopardizes the pursuit of effective reforms.
One of the significant stumbling blocks reported by the Ontario Justice ministry is the perceived cost and effort required to gather detailed records from judges and prosecutors. The ministry previously stated to the provincial committee reviewing the situation, “the effort and cost associated with reviewing judges' written decisions, transcripts, or audio recordings would not provide value for money.” This has left many fearing for their access to justice amid overwhelming delays and the potential for wrongful dismissals of legitimate charges.
When confronted about these concerns, Ontario Premier Doug Ford attributed lengthy waits and dropped charges to repeat offenders frequently being released on bail. “When there are no consequences, some people don’t learn,” he remarked at a recent press conference. Yet, this brush-off hasn’t quelled criticism; many see it as deflecting the responsibility for systemic flaws onto those most vulnerable.
The Canadian Civil Liberties Association corroborated the concern over the province’s ever-increasing inmate population, with reports showing upwards of 81 percent of those incarcerated are awaiting trials or bail hearings. A 2023 investigation revealed this demographic had increased significantly, overwhelming many provincial correctional facilities.
Overall, it paints a dismal picture of the legal system—where cases die under the weight of inefficiency, lack of resources, and poor handling of data. And amid all this, the Ontario Ministry of the Attorney General claims various initiatives, including investing $29 million to add judges and prosecutors, are underway to alleviate congestion.
“We continue to implement and explore initiatives to prevent unnecessary withdrawals and reduce the average time to resolve criminal charges,” stated ministry spokesperson Alexandra Wilkes. Yet, without knowable metrics to gauge effectiveness, this remains largely untested theory.
The crux of the dilemma lies not merely in administrative data gathering but ensuring those involved—the accused, the victims, and all stakeholders—understand how and why certain legal processes are failing. This perspective is echoed by Rahim at the Canadian Civil Liberties Association, who argues, “What we’re missing are people actually sitting down at a table together, having clear objectives.”
For many, the stakes couldn't be higher, as lives hang not only on the outcomes of charges but on the system’s ability to sustain justice. Each inadequately documented stay or withdrawal speaks to more than just court statistics; they indicate deep-rooted issues of trust and accountability within Ontario’s criminal justice system.
