Max Rose and Cody Wellard might not have paid much attention to the provincial budget, but they are among its victims.

was 12 in 2008 when his new Jack Rus-M Rose sell puppy was shot on Quadra Island. Wellard was charged with unlawfully killing a dog and careless use of a firearm. He pleaded not guilty.

This week, the charges were dropped because of delays in bringing the case to trial.

This is a routine occurrence in British Columbia. Last summer, also in Campbell River, charges against an accused drunk driver were stayed because of excessive delays. The crash left two 21-year-old women seriously injured; one will need lifelong care. They were denied justice. Other serious cases, including cocaine trafficking and dangerous driving, have been dismissed for the same reasons.

One Campbell River defence lawyer says he has had charges stayed on six cases in the last two months because of delays.

The problem is not new. The justice system simply does not have the capacity to deal with the cases before it.

And it is not just an issue in criminal cases. Families seeking hearings to contest the apprehension of their children, for example, are waiting a year for court dates, while their children remain in the care of others.

The government is aware of the problems and knows the measures that could restore access to justice. It has simply not made court delays a priority.

Provincial courts handle 90 per cent of criminal cases. Yet there are 15 per cent fewer judges available today than there were in 2006. There is a list of qualified candidates, but the government is not filling vacancies.

Wellard's trial was delayed last summer because a parttime judge in Campbell River was not able to hear the case; the only available trial date was 11 months in the future.

That's typical. Trial dates are now being set 12 months after a person first appears in court. The Supreme Court of Canada has ruled that eight to 10 months is an acceptable wait; longer and the accused can apply to have the charges dismissed.

The issue is not simply the number of judges. There are shortages of court staff needed to allow trials to go ahead and Crown prosecutors maintain they are overloaded.

This week's provincial budget does not reflect the crisis. The budget for justice services is frozen for the coming fiscal year; funding for prosecutions is cut by five per cent; funding for court services is cut by eight per cent; funding for the judiciary is cut by one per cent, despite the judge shortage.

It's not just the court system that is under stress. The corrections budget and funding for victims' services and crime prevention have been cut; the province's policing budget is frozen.

There might be long-term solutions. Reforms like improved case management might streamline the process. Community courts which steer addicted or mentally ill offenders into treatment programs might reduce the number of persistent repeat offenders.

But right now, the problem is serious. Family law matters are dragging on for far too long. Crime victims and their families are being denied justice. So are the accused in many cases. The accused are living for far too long under clouds. Even when trials go ahead, the evidence of witnesses can be compromised by long delays.

Max Rose has been patiently waiting for justice since the day he found his puppy bloodied and dying more than two years ago. His father didn't know what to tell him this week. "It's a joke -the system doesn't serve the victim," he said. "This is a mockery of the law."

The government should heed him. The justice system is not working and the government is not addressing the problems.