Feature Article September 5, 2001
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CommentaryThe Sharbot Lake criminal courtby David BrisonI have commented previously on the importance of having crimes committed in our area tried here. If charges are transferred to other courts, residents here lose track of what is happening, and the course of justice on important matters, such as guilt or innocence, and sentencing, is apt to be forgotten.
Judge Peter Wright has, in his relatively short tenure as judge in Sharbot Lake, strengthened the court here. More cases are being heard, and the number of unnecessary remands has been reduced. Lawyers and their clients have learned that they cannot appear in Judge Wrights court without counsel and ask for a delay.
However, in our August court there were five cases referred elsewhere. The reason is that the next available Sharbot Lake trial dates are in March 2002. Defendants have a right to have their charges dealt with without undue delays, and can have those charges thrown out if they arent.
The problem is that many I would say the majority of the trials scheduled in Sharbot Lake dont take place. They are usually settled out of court, often on the morning of the trial . In many instances, lawyers and the Crown plea bargain; defendants then plead guilty to reduced charges and are sentenced. As a result, the time scheduled for trials isnt used. In fact, although the court day in Sharbot Lake is from 10:00 a.m. to 4:00 p.m., many times it is over before, or shortly after lunch. Trials, even if they do happen, seldom go beyond 2:00 p.m.
Taxpayers are paying for a full court day and we arent getting our moneys worth. Trial time could be freed up and rescheduled if the Crown and defence lawyers could plea bargain before the day of the trial. Judge Wright has asked for two additional days in Sharbot Lake so he could clear up some of the trial backlog. That would help, but other changes are also necessary.
