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The Breakdown of Trust: How Delays in Canada’s Justice System Foster Vigilantism

The Crisis of Court and Tribunal Delays and the Loss of Faith in the Justice System

Timely delivery of justice is not just a legal ideal; it’s a societal necessity. In Canada, however, this ideal is increasingly out of reach due to mounting court and tribunal backlogs.[1] The Canadian justice system has long grappled with delays, but recent figures underscore a crisis of unprecedented proportions. Following the COVID-10 pandemic, courts and tribunals across the country have had to postpone a vast number of cases. As an example, data from the post-pandemic Tribunals Ontario 2021-22 Annual Report revealed that the four largest tribunals in Ontario (the Landlord and Tenant Board, Human Rights Tribunal, Licence Appeal Tribunal, and Social Benefits Tribunal) were burdened with a collective backlog of over 67,000 cases.[2]

This staggering number translates to real, life-changing consequences for individuals awaiting justice. Parties face extended trauma, enduring persistent anxiety as they seek closure on some of the most distressing experiences they likely have ever encountered.[3] More broadly, these delays undermine the public’s confidence in the justice system.

The frustration stemming from the principle of “justice delayed is justice denied” has led to real-world consequences, with individuals abandoning the justice system and turning to extralegal means to resolve their disputes.[4] For instance, in response to growing backlogs at the Landlord and Tenant Board, legal clinics have reported a rise in “self-help” methods used by landlords and tenants, such as illegal lock changes or withholding rent.[5] While these actions may sometimes be understandable given the circumstances, they reflect a troubling shift away from formal legal processes toward a preference for immediate, and often unlawful, resolutions. Perhaps the most alarming of these extralegal methods is vigilantism.

Vigilantism

Vigilantism is defined as “the use of extra-legal enforcement of a particular conception of justice or a threat or intention to use such enforcement, carried out by informal actors, with the purpose to protect subjectively perceived ‘law and order’.”[6] Essentially, it involves civilians acting in a policing or judicial role without any legal authorization, often using or threatening violence, under the belief that authorities are unable or unwilling to address certain legal problems. The term “extralegal” implies that vigilante actions challenge or supplant the state’s authority. Hence, even when vigilantes claim to uphold the law, their actions go beyond it, undermining the legal system they purport to support.[7]

The increase in vigilantism is directly linked to a loss of trust in the justice system and its perceived inefficiency. As stated by Miroslav Mareš and Tore Bjørgo, vigilantes “justify their engagement with the argument that the government is not able to solve pressing problems by its own means and institutions.”[8] This connection between public dissatisfaction with the justice system and the rise of vigilantism was recently highlighted by Richard Atkinson, co-chair of the Law Society of England and Wales’ criminal law committee. Addressing court backlogs in the UK, which are similar to those in our own system, Atkinson warned: “There is a real risk that if the justice system will be so severely undermined, people may start to decide there is no point reporting matters and they should deal with them in another way themselves.”[9]

Vigilantism in Canada

Although Canada is typically seen as less susceptible to vigilantism compared to countries like the United States, such incidents have occurred, especially in isolated and rural areas. This is particularly true for Indigenous communities, who may resort to self-help due to weaknesses in local law enforcement and a deep mistrust of official judicial systems, rooted in the lasting impacts of colonialism.[10]

Canada has a number of historical examples of vigilantism. In the nineteenth century, communities subjected individuals who violated social norms to public humiliation rituals known as charivari. In extreme cases, this escalated to physical beatings, tar and feathering, or even killings.[11] Several lynchings also took place in Canada during this period. A notable example is the 1884 lynching of Louie Sam, a 15-year-old Stóilō boy, by a mob in British Columbia, an incident driven by racial tensions and a perceived failure of the legal system.[12] The rise of the racist vigilante Ku Klux Klan in the Niagara region during the early twentieth century has similarly been linked to racialized fears of crime waves and dissatisfaction with the justice system.[13] In 1920, during a preliminary hearing for a child murder case in Thorold, Ontario, a mob set fire to the courthouse and nearly lynched the defendant. This incident has also been attributed to public frustration with the justice system, as community members voiced concerns that too many crimes were being left uninvestigated and unpunished.[14]

In recent years, there have been several modern instances of vigilantism in Canada, particularly in rural areas and Indigenous communities. In Fort McPherson, Northwest Territories, residents assaulted two men suspected of drug trafficking and vehicle theft, driven by a desire for quicker judicial outcomes.[15] Similarly, on Deer Island, New Brunswick, ongoing criminal activity led frustrated residents to take matters into their own hands due to perceived inadequacies in law enforcement and a lack of government action and prevention.[16]

In British Columbia, vigilantism has been linked to the rising issues of homelessness. At a homeless encampment on Vancouver Island, a man was shot while attempting to recover his stolen property on his own, rather than seek police assistance.[17] Similar incidents have been reported multiple times across the province in 2023. Nanaimo Mayor Leonard Krog commented: “We continue to struggle with the effects of senior government policies that have failed to curb violence from known offenders or help the most vulnerable among us. As a result, some people feel they have no option but to take matters into their own hands.”[18]

Though several years old, a 2015 case offers a particularly striking example of the connection between vigilantism and the erosion of trust in the justice system. In Nova Scotia, the hacker group Anonymous threatened to expose those involved in the cyberbullying that contributed to 17-year-old Rehtaeh Parsons’ tragic death.[19] Her father, Glen Canning, believed this pressure played a role in the police’s decision to reopen the case. In an interview, Mr. Canning remarked, “Why go through the courts? Why go through the system? Why be revictimized again when you can write something and get ahold of some people online who can really do a hell of a lot more to bring you a sense of justice than the police and the courts can?”[20]

Restoring Faith in the Justice System

Vigilantism, though sometimes fueled by understandable frustration, ultimately poses significant dangers by undermining the rule of law and escalating violence. It risks wrongful accusations and harm to innocent individuals, while further eroding public trust in legal institutions. The public’s resort to vigilantism and other extra-legal methods in Canada highlights a critical issue — the delays and inefficiencies within the justice system have serious consequences. There are several important steps that advocates believe will rectify this issue:

  1. Reform the justice system to reduce backlogs, streamline processes, and ensure access to justice.
  2. Enhance transparency and communication to rebuild public trust, explaining the complexities and efforts undertaken to deliver justice.
  3. Foster partnerships between law enforcement and communities to address specific concerns, improving responsiveness and collaboration.
  4. Tackle underlying issues such as social inequality, mental health, and addiction.

Through these steps, we can work towards a system that not only administers justice promptly, but also regains the trust and confidence of the people it serves.

By Travis Dods
Osgoode Hall Law School J.D. candidate
Canadian Forum on Civil Justice Research Assistant

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[1] See for example “Canada’s backlogged civil and family courts in ‘crisis,’ according to lawyers group” (2023), online: CBC <https://www.cbc.ca/news/canada/london/justice-delays-canada-courts-ontario-1.6900147>.

[2] Tribunal Watch Ontario, “Justice Denied: The Access to Justice Crisis at Tribunals Ontario” (14 December 2022) at 1.

[3] The CFCJ’s Cost of Justice report highlights the rise in visits to healthcare professionals that are linked to experiences with legal problems: Trevor C.W. Farrow, Ab Currie, Nicole Aylwin, Les Jacobs, David Northrup and Lisa Moore, “Everyday Legal Problems and the Cost of Justice in Canada: Overview Report” (2016) Canadian Forum on Civil Justice at 17-19.

[4] “Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada” (2016) Standing Senate Committee on Legal and Constitutional Affairs at 6.

[5] Tribunal Watch Ontario, supra note 2 at 3.

[6] Tore Bjørgo and Miroslav Mareš, Vigilantism against Migrants and Minorities (Routledge, 2019) at 4.

[7] Regina Bateson, “The Politics of Vigilantism” (2021) Comparative Political Studies 54(6) at 927.

[8] Bjørgo and Miroslav Mareš, supra note 6 at 7.

[9] Lizzie Dearden, “Risk of vigilante attacks rising as victims wait for justice amid coronavirus delays” (2020), online: Independent <https://www.independent.co.uk/news/uk/home-news/coronavirus-court-backlogs-justice-delays-victims-vigilantes-covid-a9672896.html>.

[10] Adam Cotter, “Perceptions of and experiences with police and the justice system among the Black and Indigenous populations in Canada” (2022) Statistics Canada.

[11] J. Paul Grayson, “Vigilantism in Canada and the United States” (1992) The Legal Studies Forum 16(1) at 28.

[12] Keith T. Carlson, “The Lynching of Louie Sam” (1996) BC Studies 109.

[13] Richard Manning, “We Don’t Have Lynchings Here’: Vigilantism, Race, and Contested Justice in Niagara, Ontario, 1920” (2020) Histoire Sociale 900 at 582.

[14] Ibid.

[15] The Canadian Press, “RCMP warn against vigilante justice after assaults in Northwest Territories” (2023), online: Haida Gwaii Observer <https://www.haidagwaiiobserver.com/national-news/rcmp-warn-against-vigilante-justice-after-assaults-in-northwest-territories-6384623>.

[16] Bobbi-Jean MacKinnon, “Deer Islanders ‘all happy’ after alleged vigilantism rids island of accused thieves, says senior” (2023), online: CBC <https://www.cbc.ca/news/canada/new-brunswick/deer-island-vigilantism-fire-thefts-residents-rcmp-1.6905525>.

[17] “People working to help B.C.’s homeless population concerned about growing vigilantism” (2023), online: CBC <https://www.cbc.ca/news/canada/british-columbia/bc-homelessness-advocates-vigilantism-1.6777970>.

[18] Ibid.

[19] Geordan Omand, “Anonymous vigilantism fills hole in traditional justice system, says beneficiary” (2015), online: Canadian Security <https://www.canadiansecuritymag.com/anonymous-vigilantism-fills-hole-in-traditional-justice-system-says-beneficiary/>.

[20] Ibid.

Comments

  1. Donald J Netolitzky

    An interesting and timely commentary. What the author however omits is the ongoing issue of pseudolaw-based vigilante activities in Canada. These range from the Tacit Supreme In Law Courts / United Sovran Nations operating its uniformed vigilante “Territorial Marshal” force purporting to be law enforcement officers, to a recent proliferation of vigilante “court” and “tribunal” activities. The latter misconduct has even extended to lawyers.

    Though an accredited member of the Law Society of British Columbia, lawyer Naomi Arbabi purported to operate “the naomi arbabi court” (Arbabi v McLelland, 2024 BCSC 91), using pseudolaw procedures invented by US Sovereign Citizen guru Carl (Karl) Rudolph Lentz, that are also propagated in Canada by pseudolaw promoter Christopher James Pritchard of the “A Warrior Calls” website.

    Even more troubling is that suspended Law Society of Ontario lawyer Glenn Patrick Bogue, a.k.a. “Spirit Warrior”, has now for years repeatedly claimed, in court proceedings, to have vigilante authority derived from “raceshifting” groups that purport to be Indigenous, and provide membership and so-called Indigenous status on a “for pay” basis. Most recently Bogue designated himself as an in-court legal representative enforcing an order of the “Alliance of Indigenous Nations Tribunal”. The Court concluded: “There is no evidence before the Court that the AIN Tribunal is real and everything points to it being an invention of Spirit Warrior and his associates to dupe legitimate courts.” (MD v Alberta (Director of Child and Family Services), 2024 ABKB 565, see also World Energy GH2 Inc v Benoit Ryan, 2024 NLSC 6). The Court of King’s Bench referred Bogue to the Attorney General of Alberta for possible criminal processes.

  2. Excellent article on an often overlooked risk of delays in the justice system. The risk is particularly acute in remote communities where justice is often seen as remote and occasional. When delay is added to the mix vigilantism becomes an attractive solution.

  3. Well said! The murder of Arash Missaghi is a recent example of vigilantism arising from justice system failures. Missaghi had been credibly charged with fraud on several occasions over 20 years, but he always managed to skate away from justice.

    https://www.theglobeandmail.com/canada/article-businessman-killed-in-toronto-triple-shooting-defrauded-hundreds-of/

    Missaghi was murdered by his final victim, Alan Kats, who also took his own life that day. Kats’ widow said that Missaghi had defrauded the couple of $1.37 million. Before turning the gun on himself, Kats scrawled a note: “Stop these criminals from destroying peoples lifes.”

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