Northern court delays could continue to snowball

Ongoing wildfires, evacuations and smoky conditions have caused circuit courts to cancel hearings and appearances in a slate of northern communities.

The resulting backlog could spell trouble for people in custody, or those under court-imposed bail conditions, as they await resolutions for their cases.

“Given the (Canadian justice) system is based on the notion that you are innocent until proven guilty and you’re entitled to trial within a reasonable time, our concern is always with the people who are in custody,” said Winnipeg-based criminal defence lawyer David Phillips, who represents some clients in Manitoba’s north.

“These wildfires have now (affected) a lot of consecutive sittings in many communities… If you’ve got a community that’s evacuated, you’re going to miss a lot of court and it takes a long time to get people back and get things up and running.”

Public notices from the Provincial Court of Manitoba indicate between June 2 and June 20, closures affected the communities of Nelson House, Norway House, Gillam, Gods Lake Narrows, Leaf Rapids, Split Lake, Cross Lake, Flin Flon, Cranberry Portage, Pukatawagan, St. Theresa Point and Garden Hill.

Court dates in some other communities — including Poplar River, Little Grand Rapids and Pauingassi First Nation — have also been postponed, owing to smoky conditions or lack of transportation, Phillips said.

Cancellations due to weather or other factors are not uncommon, but the longer they persist, the worse the situation becomes, he said.

Manitoba provincial court Chief Judge Ryan Rolston said justice officials are monitoring the situation and preparing to address the growing cancellations.

The court system is automatically remanding court dates in affected communities on a week-to-week basis. Court officials are encouraging lawyers to pursue their cases in nearby regions not affected by cancellations, wherever possible, Rolston said.

“Right now, we are sort of in a bit of a holding pattern because we don’t really know what the extent of the issues will be.”–Manitoba provincial court Chief Judge Ryan Rolston

It is difficult to predict how long the backlog will stretch. Certain communities might be more affected than others, he said.

“It’s a concern, for sure,” Rolston said.

“Right now, we are sort of in a bit of a holding pattern because we don’t really know what the extent of the issues will be. Once we figure that out, we’ll try and throw as many resources as we can at it.”

Phillips and Rolston each warned the issue could “snowball” because of the limited days on which northern courts operate — and the limited resources at their disposal.

Sitting days differ based on the size and need in various communities. Some operate as little as once every few months, while larger communities sit more often, and will therefore have larger backlogs, Phillips said.

If communities suffer damage to electric power lines or other critical infrastructure, the delays could extend despite evacuation orders being lifted, he said.

People who are already out on bail and awaiting future court appearances will also be affected. Many of those people are subject to release conditions that will remain in effect until their cases proceed.

Such conditions may include non-contact orders, curfews and orders prohibiting them from returning to specific locations, including their home communities, Phillips said.

“They are usually anxious to try and deal with their cases as soon as possible because they are under these rather stringent conditions,” he said.

“You get in situations where these people end up breaching.”

Once the threat of wildfires and evacuations has subsided, justice officials must consult with leaders of the affected communities to ensure they are prepared for circuit courts to return, Rolston said.

Then, judges will collaborate with Crown prosecutors and defence lawyers to discuss how to attack the backlog, the judge said.

Defence lawyer Chris Sigurdson suggested cases involving serious crimes, multiple accused and those which have seen the longest delays will likely be prioritized.

Other cases involving non-violent crimes, or cases in which the Crown is not pursing jail time could be pushed down the queue, he said.

Sigurdson, who has represented people in northern Manitoba for more than two decades, said he is already fielding calls from concerned clients.

“Anything with people in custody or trials, those are obviously top priority,” he said. “If you have a trial, it could be a year. To reset a complicated trial in a northern community, the trial dates aren’t that easy to come by.”

Sigurdson credited the justice system for being flexible in the face of delays.

Premier Wab Kinew announced Monday the provincewide state of emergency imposed May 28 was lifted.

Some wildfire evacuees have already returned to their homes, and thousands more are expected to be on their way back to northwestern Manitoba over the coming days.

tyler.searle@freepress.mb.ca