A scathing ruling to the Federal Court said that Prime Minister Justin Trudeau and the federal Minister of Justice "failed" Canadians who seek timely justice by allowing the number of judicial vacancies to reach a crisis state.

The case, filed by human rights lawyer Yavar Hamid, sends a clear message to the federal government about the urgent need to reduce the number of vacancies.

Federal Court Judge Henry Brown wrote in his decision on Tuesday: "With all due respect, the court found that the Prime Minister and the Minister of Justice are doing nothing meaningful."

And with all due respect, they have also failed everyone who relies on them to exercise their powers in a timely manner regarding filling these vacancies, and have also failed all those who have unsuccessfully sought timely justice in the Supreme Courts and Federal Courts across Canada."

Last spring, Chief Justice Richard Wagner sent a letter to Trudeau warning of the "untenable" situation in Canadian courtrooms.

The current situation is untenable, and I am concerned that it will create a crisis in our judiciary system, which already faces multiple challenges. He wrote: "Access to justice and the health of our democratic institutions are at risk."

"It is essential for the Prime Minister's office to give this issue the importance it deserves and to make timely appointments... The government's paralysis regarding vacancies and the lack of satisfactory explanations for these delays is concerning."

Justice Minister Arif Virani pledged to address the vacancies when he was appointed to the position last summer.

But the Federal Court ruling states that while some vacancies have been filled over the past eight months, new vacancies have opened in the meantime.

Brown said: "This large and unacceptable number of vacancies remains essentially unchanged."

The Office of the Federal Judicial Affairs Canada said there were 75 federal judicial vacancies as of February 1.

Brown confirmed that the federal government has not provided any justification for the large number of judicial vacancies.

Virani said in a statement on Tuesday that the government is making judicial appointments "at the fastest pace in history."

He added, "We appointed 100 judges last year, a number the Conservatives have never achieved," noting that as minister over six months he appointed 64 judges, and Virani also said the government has added 116 new judicial positions since 2016.

"This means we have more positions to fill – but make no mistake, there are still more sitting judges today than ever before in history."

Virani added that the government is carefully reviewing the court's decision.

Lawyer: The Court is a Protector of the Vulnerable

Brown said in his decision that the Prime Minister and Minister of Justice are responsible for judicial appointments and are expected to see "a tangible reduction in vacancies within a reasonable timeframe," writing that in spring 2016 there were 46 vacancies, a number he said would be a reasonable target.

He continued, "In some cases, it may be necessary to fill all relevant vacancies where serious crimes are not prosecuted in a timely manner, thereby depriving victims, the public, and defendants of justice."

"That may not be possible in other cases."

Nicholas Papp, who successfully defended the case on behalf of Hamid in Ottawa, said the Canadian justice system is at risk if the federal government does not act.

He added, "Courts are protectors of the vulnerable. If we do not have effective courts, the rich and powerful can trample the vulnerable, and without judges, there will be no justice."

Therefore, in every aspect of our lives, where there can be injustice, we need a judge to fix it."

Papp said in 2022 that the firm represented a sexual harassment victim whose week-long hearing was canceled just days before it was set to begin.

He added, "She was ready to testify on this matter and it was explicitly canceled because they did not have a judge available to hear the case."

"It is a very painful experience."

Papp said that if the government does not change the situation, his firm is prepared to return to the Federal Court for clear timelines.