Circuit court cancellations stir up justice questions

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This article was published 30/05/2023 (833 days ago), so information in it may no longer be current.

The cancellation of dozens of circuit court sittings in eight rural Manitoba communities is raising questions about residents’ access to justice.

A May 25 notice from Chief Judge Margaret Wiebe said the provincial court cancellations are “an effort to provide timely access to justice and ensure court resources are allocated in a manner that reflects the specific needs of all communities throughout the province of Manitoba.”

The notice didn’t offer further explanation for 58 cancelled sittings of circuit courts in Altona, Arborg, Steinbach, Selkirk, Lundar, Gimli, Emerson and Stonewall.

“Cancelling circuit court dates doesn’t increase access to justice, it does the opposite,” NDP justice critic Matt Wiebe told the house during question period Tuesday. He said the court’s initial explanation “defies logic.”

“This decision will negatively impact Manitobans,” the MLA for Concordia said, calling on the Progressive Conservative government to explain.

Justice Minister Kelvin Goertzen dismissed the NDP’s concern as “raising alarm.”

“We know that courts and circuit courts are delayed for a variety of different reasons that have to do with individual factors within the court system itself,” Goertzen (MLA for Steinbach) said in the chamber.

He then called out the NDP MLA for going after a decision made by the chief judge. “I’m shocked that the member opposite would disparage the provincial court chief judge in this house the way he has.”

When asked for clarification, a statement issued on behalf of the chief judge said the provincial court is trying to maximize efficiencies. The cancellations follow a review over the past several months of the way it administers justice at several locations in Manitoba, the statement said.

“As a result of its review, it is allocating its existing judicial resources to deal with substantive matters and creating administrative processes to deal with non-substantive matters,” it said.

“The court will reallocate judicial resources to circuit centres where it has the largest backlog. To the extent court sittings are cancelled, they will be dealt with through an administrative process. The measures in the practice directive are a deliberate effort on the part of the provincial court of Manitoba to increase access to justice for Manitobans.”

The reallocation will result in a better use of judges’ time, agreed the Criminal Defence Lawyers Association of Manitoba.

“We’re in support of what the court is trying to do,” said communications director Chris Gamby.

Cancelling circuit court sittings is “cleaning up everyone’s workload,” with matters that don’t have to be heard before a judge being handled in other ways (for example via a justice of the peace, by phone or in writing), the lawyer said.

A rural court docket could have 200 matters, the vast majority of which are still in the pre-trial stage and end up being remanded to the next court date, Gamby said.

“What it comes down to is, as much as possible, they want judges time spent hearing contested hearings — whether they’re bails, trials or dispositions — as opposed to overseeing matters that dont necessarily require the level of oversight that a judge is usually required for,” he said Tuesday.

“If the court is trying to improve access to justice for our clients, that’s a positive thing.”

The only “downside” would be fewer opportunities for those who want to or need to attend court in their community, he added.

“By and large, I don’t think that’s going to affect an accused person. They’ll still get their day in court and they’ll still have days when their matter can be heard.”

carol.sanders@freepress.mb.ca

Circuit Cancellation Notice