Inefficient provincial court system’s impact most severe in North: auditor general’s report

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This article was published 26/07/2023 (821 days ago), so information in it may no longer be current.

Manitoba’s auditor general has found the Justice Department does not efficiently manage provincial court services, with access to justice most deeply impacted in the North, where technology is not adequate and court staff vacancies are most prominent.

On Wednesday, auditor general Tyson Shtykalo released a report examining the delivery of provincial court services from January 2016 to March 31 last year.

The auditor’s office found the administrative structure between the Justice Department and the court is restrictive, the court’s existing technology does not support efficient operations and staffing resources are short — all problems that are amplified in Manitoba’s North, where almost half of court clerk positions are vacant, the auditor found.

Shtykalo’s office undertook the audit, the report said, because case backlogs and lengthy delays are impacting access to justice in provincial court, which was worsened by COVID-19 pandemic-induced delays.

The time to disposition — the number of days from an offender’s first court appearance to their last — in provincial court is decreasing, but is still high, the report found.

At the time of the report’s release, the fourth quarter of 2022-2023, the average time to disposition was 219 days.

A lack of internet connectivity also negatively impacts access to justice in the North, and while there are initiatives underway meant to reduce backlogs, there is no overall plan, the report found.

The provincial courts are run on paper, rather than digitally — an outdated model, said the report. Meantime, the auditor found, the Justice Department does not have an information-technology strategy.

Shtykalo’s report found the department could give the provincial court greater autonomy. The court, his office found, is dependent on the department for budget and resource decisions, which could become a challenge when the government is under pressure to restrain spending or if collaboration between the court and department fails.

The report said clear guidelines and protocols for communication and collaboration between the court and department could help reduce those risks.

The auditor general’s office, which made seven recommendations to the government, suggested the Justice Department consider giving the court more autonomy and ensure it has sufficient resources to fulfil scheduling responsibilities. The office also recommends the department develop performance metrics for itself.

Shtykalo also recommended the department put in place a clear schedule for the integrated case-management project — an ongoing plan to modernize the courts with a new information-technology system for the provincial, King’s Bench and Appeal Court and develop an information-technology strategy for the justice system.

His office also recommended the department work with the court and the public service to develop a strategy to address staff shortages, including positions that support the courts, such as clerks.

The last recommendation was for the department to keep working with the court and others with a stake in the justice system to come up with a formal strategy for reducing backlogs and delays.

Justice Minister Kelvin Goertzen said the department is working to address Shtykalo’s recommendations, noting the integrated case-management project is underway, while there are now 37 virtual courts in the North, reducing delays.

He said the government will “aggressively” work to recruit staff, particularly in northern Manitoba, but said there is sufficient funding for workers.

The use of technology — holding certain hearings virtually, for example — can help to relieve staffing stresses, Goertzen said.

He added that the government should be more specific about recruiting and training within communities where staff shortages are most acute.

The Opposition NDP’s justice critic Matt Wiebe said in a statement the audit report is evidence that the Progressive Conservative government’s “tough-on-crime” rhetoric isn’t believable.

Manitoba Liberal Leader Dougald Lamont told reporters the court’s staffing issues are exacerbated by its reliance on inefficient paper systems.

He said he thinks the government has not worked to modernize the system.

erik.pindera@freepress.mb.ca