B.C. courthouses continue to experience courtroom closures as a result of sheriff shortages, the provincial government says.
It’s a situation that is hampering court functioning and could lead to accused people walking free if their cases aren’t dealt with expeditiously.
Problems with sheriff working conditions and attrition were outlined in a report obtained by media.
Glacier Media reported in July that courtroom closures had affected facilities in Vancouver, Abbotsford, Port Coquitlam, Surrey, Victoria, Chilliwack and Kamloops.
Lack of staff to safely move prisoners inside courthouses is also causing delays, Glacier Media has learned.
That has also led to a decline of in-person appearances and greater use of video appearances. A lack of video rooms in prisons in the past two years has also exacerbated problems.
Now, Ministry of Attorney General said, closures are continuing to happen.
There have been 31 instances where court proceedings did not go ahead due to an absence of a sheriff, between Aug. 14 and Sept. 13.
Two instances took place in Abbotsford, one in North Vancouver, six in Port Coquitlam and 22 in Surrey. All of these instances were in provincial court. There were no Vancouver Island instances in the past 30 days.
“The ministry is working to ensure our courts are appropriately staffed and we will continue to monitor the issue,” the ministry said in a Sept. 18 statement to Glacier Media.
The statement said the report has helped the ministry better understand the concerns of sheriffs and make changes to position the sheriff service for success.
“The ministry has been working closely with the sheriff service to improve recruitment and retention,” the statement said. Initiatives include improving sheriff pay and benefits, implementing a strategic marketing campaign which is now in market, increasing accessibility and support for applicants, and creating opportunities for diversity of work assignments.
“We are incredibly grateful for the important work sheriffs do and we will continue to work to address the critical issues they have identified so they can carry out their roles safely and effectively,” the statement said.
The Trial Lawyers Association of BC (TLABC) has already expressed concern about the closures and their impact on access to justice.
TLABC criminal defence committee chair Rebecca McConchie said in August the functioning of the criminal justice system, particularly in busier jurisdictions, would be harmed by courtroom closures.
“Accused persons are usually required to attend court in person for substantive court proceedings, including trials,” McConchie said.
She said delays are not fair to the accused, complainants, witnesses, lawyers and judges, who devote time, energy and resources into preparing to fulfil their respective roles in the court process.
The sheriff report said several "critical changes" would need to be implemented to reduce attrition rates and allow the sheriff service to replenish its ranks.
Concerns have already been expressed before judges and by judges that delays could begin to hamper people's right to a trial within a reasonable time period.
This comes before the courts as lawyers begin mentioning the application of the so-called Jordan principles whereby that right is upheld. The Jordan principles stem from a case that wound up in the Supreme Court of Canada.
Stays of proceedings are possible if a case hits a ceiling of 18 months for those tried in the provincial court and 30 months for cases in superior courts.
“Delay attributable to or waived by the defence does not count towards the presumptive ceiling,” the high court said.
