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Daniel McHardie
Telegraph-Journal

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FREDERICTON - The Opposition Conservatives are again accusing Justice Minister T.J. Burke of stalling the potential appointment of three family court judges for the prospect of political gains.

The Liberal government still has not proclaimed legislative amendments that would create three new openings on the bench, which could reduce the backlogs in the family court system.

Bruce Fitch, the opposition justice critic and a Conservative leadership candidate, said there are only two possible reasons why Burke is holding out, either the provincial government did not budget for these new judges or they are biding time in the hope the Liberals will be elected federally, paving the way for appointments of individuals who may have connections to the Liberal party.

"Once again the minister is dancing around this issue because he promised us in the House that he was going to proclaim it right away," Fitch said.

The legislative assembly adjourned for the summer in June and the Liberal cabinet still has not proclaimed the legislative reforms. Liberal cabinet minister Greg Byrne said in an e-mail that the amendment to increase the number of family court judges to 11 from eight was scheduled to be proclaimed in early August but it was "bumped."

"The bumped items have been put back on the agenda for meetings scheduled for late August and early September," Byrne said. "There is no intent to delay the proclamation date nor the appointment of these judges."

The New Brunswick Law Society and the Canadian Bar Association of New Brunswick have openly criticized the provincial government for refusing to fully commit to funding the administrative requirements to receive the judges. The province has estimated it would cost $1.5 million in the first year to hire the new judges and $750,000 in subsequent years.

The three new judges are a part of a federal bill that allotted 20 new bench openings across Canada.

The province's justice minister said in the spring the government was not moving quickly to pass and proclaim the requisite law because the federal bill had not been approved. The federal changes have been ushered through the House of Commons and Senate, so Fitch said the only roadblock to getting these new judges in place to help people waiting for divorces and child custody cases is the Liberal government.

"You can't stand behind, 'We're waiting for the feds now or we're waiting for the budget.' Go ahead and proclaim it and then everyone will know you're serious," Fitch said.