Court system close to collapse

Drug dealers are walking free from clogged courts, while Ottawa gears up for more drug prosecutions.

Jury selection at B.C. Supreme Court: Chief Justice Robert Bauman has warned of a crisis in the making.

VICTORIA – One of the last exchanges in the B.C. legislature’s fall session was over the state of the court system.

Drug dealers are walking free, NDP leader Adrian Dix reminded Public Safety Minister Shirley Bond in the final question period. Dix referred to a Prince George case this fall where a convicted cocaine dealer racked up more trafficking charges while he was on trial, and then was released because he couldn’t be tried in a timely fashion.

The NDP was picking up on an unusually political speech last week by B.C. Supreme Court Chief Justice Robert Bauman. Speaking to the annual B.C. judges’ conference in Las Vegas, Bauman warned that funding cuts have the B.C. court system “going over a cliff in slow motion.”

The cuts are real. By next year, court service budgets are expected to be down 10 per cent since 2008, and staff down 15 per cent. The provincial court is down 17 judges from 2005. There aren’t enough clerks. And the federal government is about to push through new sentencing guidelines that will add more inmates to B.C.’s overflowing prison system.

Bond, the overworked B.C. Liberal minister doing double duty as Attorney General, replied that some of the budget cuts are being reversed. More sheriffs have been trained, and 14 provincial court judges have been hired in the past two years.

(Meanwhile, provincial judges are suing the deficit-laden government, demanding a six-per-cent raise.)

Bond also pointed to long-term strategies being implemented to relieve the flood of court cases. It’s this kind of systemic change that has the most potential for long-term reform of our archaic system.

Right now there are an estimated 2,000 cases in provincial court that are running long enough to risk being dismissed due to delays. It’s not a crime wave; a quarter of all cases in provincial and B.C. Supreme Court are family disputes over kids and property.

The Family Law Act has been in the works for years, and it sailed through the legislature with NDP support. It encourages out-of-court settlements in family breakups, equalizes common-law rules with those for married couples and does away with the terms “custody” and “access” that suggest children are to be fought over as if they are property.

Bond also pointed to B.C.’s harsh new administrative penalties for drinking and driving, which have kept most routine impaired cases out of court.

Police have the authority to impound vehicles and impose heavy fines on the spot, when drivers fail a roadside breath test or even blow in the “warn” range of 0.05 to 0.08 per cent. Bond points proudly to a 40-per-cent decrease in alcohol-related vehicle deaths in the first year.

Of course this is being challenged as an infringement of the right to go to court and try various drunk-driving defences. A judge will soon decide if the hazards of impaired driving justify such an infringement.

Justice Bauman acknowledges that courts have to clean up procedures too. Set aside the baseless conspiracy theories around the Dave Basi-Bobby Virk saga, and you have two small-time crooks whose lawyers were allowed to spin the case out for seven years in a tangle of evidence disclosure demands.

As the legislature adjourned, Vancouver Mayor Gregor Robertson joined previous mayors, from Conservative Party member Sam Sullivan to Mike Harcourt, in calling for marijuana to be legalized and regulated.

Not on my watch, replied Prime Minister Stephen Harper. So instead, we’re getting de facto legalization of crack cocaine.

Tom Fletcher is legislative reporter and columnist for Black Press and BCLocalnews.com

Just Posted

Do you hear what I hear? Hundreds attend 52nd annual Agassiz carol festival

Holiday carolers sang the night away and raised almost $2,000 for the food bank

Planning price tag revealed for futuristic ‘We Town’ concept in Abbotsford

Developer says highrises would house 30,000, but Abbotsford mayor says project is in wrong place

Petition for free menstrual products turned over to UFV president

Almost 1,300 signatures collected calling for all campus bathrooms to be stocked

New arts-technology focused high school coming to Chilliwack for 2021

Education Minister announces $15.4 million and January construction start for new southside school

Film club holds birthday bash for 75-year-old Hope Cinema

Hollywood starlet Judy Garland will grace the big screen in Hope on Dec. 19

Agassiz’s Dickens Tea sells out for seventh year

The annual holiday event saw visitors enjoy high tea and historic talks

Swoop airlines adds three destinations in 2020 – Victoria, Kamloops, San Diego

Low-fair subsidiary of WestJet Airlines brings new destinations in April 2020

Aid a priority for idled Vancouver Island loggers, John Horgan says

Steelworkers, Western Forest Products returning to mediation

Navigating ‘fever phobia’: B.C. doctor gives tips on when a sick kid should get to the ER

Any temperature above 38 C is considered a fever, but not all cases warrant a trip to the hospital

Transportation Safety Board finishes work at B.C. plane crash site, investigation continues

Transport Canada provides information bulletin, family of victim releases statement

Trudeau sets 2025 deadline to remove B.C. fish farms

Foes heartened by plan to transition aquaculture found in Fisheries minister mandate letter

Man accused of child sex crimes out on bail: Delta police

Gurchetan Singh Samra, 69, must stay away from — and not communicate with — anyone under 16 years old

Wagon wheels can now be any size! B.C. community scraps 52 obsolete bylaws

They include an old bylaw regulating public morals

Indigenous mother wins $20,000 racial discrimination case against Vancouver police

Vancouver Police Board ordered to pay $20,000 and create Indigenous-sensitivity training

Most Read