Air-travel issues creating crisis in northern circuit court system: chief judge Pilot shortage blamed for frequent flight cancellations; defence lawyer says situation denies some Manitobans equal access to justice By: Dean Pritchard Posted: 7:00 PM CST Thursday, Feb. 9, 2023 Last Modified: 9:13 PM CST Thursday, Feb. 9, 2023 Updates

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Manitoba’s circuit court system is in crisis as undependable flight services are causing repeated cancellations of hearings across the province’s north country, denying residents access to justice, sources have told the Free Press.

“Literally every time any circuit flies there is uncertainty as to whether we have a plane, pilots or whether we can get home,” said one lawyer, speaking on condition of anonymity.

“Things are getting dire. We feel like they are playing a joke on us.”

In 2019, the Exchange Income Corp., whose subsidiaries include Keewatin Air, Calm Air and Perimeter Aviation, signed a five-year contract with the province to provide flight services for Manitoba Justice. Prior to that, air service was provided by the province, with private carriers providing extra support when needed.

Flight services are necessary to transport justice system workers, including judges, Crown and defence lawyers, Sheriff’s officers and support staff to roughly 22 remote communities across the North where there are no permanent, full-time court facilities.

Winnipeg defence lawyer Chris Sigurdson has been serving clients in the Garden Hill and St. Theresa Point First Nations, located approximately 470 kilometres northeast of Winnipeg, for the past 20 years.

Sigurdson travels to circuit court at each First Nation once a month. Sigurdson said he arrived at Keewatin Air’s Morberg Way terminal early Thursday morning and was told there was no plane to take his court party to St. Theresa Point.

“I had all my briefcases packed and ready to go,” Sigurdson said. “I went to check my bags 20 minutes before the flight and the person behind the desk said there was no plane, we’re not flying, we’re not taking your bag.”

Sigurdson said in the past several months, more than half of his flights have been either cancelled or disrupted, with a shortage of pilots most frequently being provided as the cause.

On a couple of occasions when the scheduled charter flight wasn’t available, court parties were provided spots aboard a commercial flight with Perimeter Aviation, which caused its own problems, he said.

“We have had times when we have… wanted to deal with (an accused person’s) matters but we couldn’t because they were going to go into custody,” he said. “You couldn’t have a person who has just been sentenced sitting next to a judge on a commercial flight, it doesn’t make a lot of sense.”

“You couldn’t have a person who has just been sentenced sitting next to a judge on a commercial flight, it doesn’t make a lot of sense.”–Lawyer Chris Sigurdson

Thursday’s court cancellation in St. Theresa point impacted 185 people who expected their cases to be heard, Sigurdson said.

“People anywhere in the province should have the same access to justice as people who live in a city, and that simply is not happening,” he said. “To be told at the last minute that, ‘There is no court today, your case will not be heard,’ is simply unacceptable.

“It’s not an isolated problem, by any means. The government contracts to this business for a service and it’s clear that they are not providing the proper service, and to me that is unacceptable. A contract is a contract and it should be honoured.”

When court proceedings are repeatedly cancelled or delayed, remote communities are denied the right to see justice done, accused persons on bail are put at greater risk of breaching their release conditions and victims of crime are denied opportunities for closure, he said.

“The community wants to know that things are being taken care of,” he said. “It gives a very bad message if we don’t show up. People in the community need to know that we care about them and that we are doing our best to service their needs.”

Exchange Income Corp. chief executive officer Mike Pyle did not reply to a Free Press request for comment Thursday.

“On a weekly basis there could be 50 to 70 per cent of our flights cancelled into circuit communities.”–Chief Judge Margaret Wiebe

Circuit court flights are being routinely cancelled from departure points in Thompson and The Pas, as well, provincial court Chief Judge Margaret Wiebe said.

“On a weekly basis there could be 50 to 70 per cent of our flights cancelled into circuit communities,” Wiebe said.

The disruptions come at a time when the justice system is still trying to dig itself out of a deep backlog resulting from pandemic-related court closures.

“We are very concerned and have been concerned for some time about the situation and we are trying to find a resolution to it,” she said. “We are dealing with a big backlog already as a result of COVID and not being able to get into communities now because we don’t have pilots for the flights is a crisis.”

Wiebe said she is working with Pyle on ways to secure more pilots, as well as an aviation expert to explore what adjustments can be made to hiring standards under the present contract that don’t compromise safety.

“We are dealing with a big backlog already as a result of COVID and not being able to get into communities now because we don’t have pilots for the flights is a crisis.”–Chief Judge Margaret Wiebe

“We are exploring that, but we are exploring it cautiously because safety is a concern for everyone who gets on the planes,” she said.

The pilot shortage is “industry wide, and not limited to (Exchange Income Corporation),” a provincial government spokesperson said in an email Thursday.

“Due to this, supporting Manitoba Justice operations for the 22 fly-in communities of northern Manitoba has been challenging,” the spokesperson wrote.

“The Manitoba government continues to work collaboratively with (Exchange Income Corporation) to address the concerns and is looking at options with other industry partners to best support the province’s judicial system and ensure access to justice for Manitobans involved in the criminal justice system.”

dean.pritchard@freepress.mb.ca

Dean Pritchard
Courts reporter

Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.

Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.