Feature Article February 6, 2002
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Commentary- Positive changes in the Sharbot Lake criminal courtby David Brison
The court in Sharbot Lake is markedly different from what it was 18 months ago:
At that time, lawyers were routinely advising their clients to appear in court without them and ask for a remand. This resulted in long and unnecessary delays -- delays which could have resulted in having the charges thrown out of court.
There was a backlog of available court dates. It was often nine months or more before a trial could be scheduled.
There was a tendency to transfer cases to the Kingston courts. It certainly appeared that in some instances they were transferred because it was convenient for both lawyers and the Crown, who are largely centred in Kingston. The benefits to the community of having justice administered as closely as possible to where the crimes took place, were lost.
The main reason why the situation has now improved so dramatically is that Justice Peter Wright, from Ottawa, asked to be assigned to Sharbot Lake, and has appeared every month since December of 2000.
Veteran observers of the court in Sharbot Lake always refer back to the days when Judge Baker was the Judge in the Sharbot Lake courts. He developed a feeling for the area, and those faced with charges, and their lawyers, knew that justice would be sympathetically, but firmly, administered. Judge Baker tolerated no nonsense in his court. He also had a legendary sense of humour.
In the interim between Judge Bakers days and the start of Judge Wrights stint, there has been a system of rotating judges. These judges very adequately dealt with individual cases, but couldnt shape the court as a whole because they werent there to see patterns forming, such as the continual delays, and didnt have the same clout, because defendants and their lawyers knew they wouldnt have to face the same judge.
Judge Wright requested the assignment to Sharbot Lake. He seems to have a feel for the area; he has a cottage in the area, and as both a hunter and fisherman, shares interests with many of the residents here.
In the court this month, a trial was set for May 27, 2002 a delay of only three months. Judge Wright had an extra court day scheduled this month for two trials. Unfortunately, one trial had to be adjourned because the defendants lawyer had the flu. The other trial was also adjourned because a young Sharbot Lake man, up on two charges of failing to comply with the conditions of probation and failing to stop at an accident, decided to get a lawyer rather than defend himself. Judge Wright had previously advised him that it was not wise for him to defend himself, but he elected to do so and then changed his mind.
Judge Wright has taken steps to reduce unnecessary delays. He wrote a letter to the defence attorneys association advising them that it was not acceptable for them to send their clients to court without them and ask for a delay. He also required clients who stall in obtaining legal aid, and/or wont get lawyers to represent them, to appear in his Ottawa court every day until they show up with a lawyer.
As a result, the court now hums it is not unusual to see five or six lawyers present to represent their clients, and they are on time. Unnecessary delays have been greatly reduced.
It still appears to this observer that there are too many cases shifted to Kingston. This is a hardship for many defendants, and witnesses, who have difficulty getting to Kingston. It also makes covering the cases difficult, and residents in the area arent able to find out what happened in many cases that they are interested in such as the fire in Parham this summer.
Judge Wright seems to be aware of this problem and is scheduling trials and appearances in Sharbot Lake that would previously been transferred to other jurisdictions.
There has recently been another development that should strengthen the Sharbot Lake court. Duty counsels in Sharbot Lake will stay on in the afternoon and be available to advise clients whom they cant get to when court is in session. They will be at the Rural Legal Clinic in Sharbot Lake.
A duty counsel is in court each session to advise clients who dont yet have lawyers on their legal rights. They are often the first lawyer that defendants have contact with, and they are able to help defendants find their way around what appears to many to be a bewildering and complex system. This change came about as a result of efforts by the Rural Legal Clinic.
The improvement in the Sharbot Lake court, although largely due to the efforts of Judge Wright, has been actively supported by the reporting and commentary from The Frontenac News and our Rural Legal Clinic. It is the kind of good news story that we like to both foster and report on.
