Feature ArticleNovember 28, 2001
LAND O'LAKES NewsWeb HomeContact Us
Commentary the Sharbot Lake criminal courtby David BrisonIn an editorial in our February 21, 2001 issue, titled, Crisis in the Sharbot Lake criminal court, I commented on the constant delays in hearing cases, and the fact that many cases were being referred to courts in Kingston and taken out of local jurisdiction. It seemed to me then that it was likely that the court would be taken out of Sharbot Lake and pointed out that this would be a loss to the community.
Since that time, the situation has markedly improved. Much of the improvement is attributable to the assignment of Judge Peter Wright, an Ottawa judge, to the court. This has provided a consistency that has been missing since the days of Judge Baker.
One of the major problems causing delay had been that lawyers were not appearing in court with their clients to set trial dates and handle guilty pleas. Judge Wright has changed this by writing letters to the local bar pointing out that this was not an acceptable practice in his court. He also has required clients who show up without counsel to appear in his court on successive days until they show up with a lawyer.
I also pointed out that one of the part-time Assistant Crowns, Ms. Knox/Leet, a defence lawyer in Kingston, frequently recommended that cases be referred to Kingston. I commented that it appeared that doing so simplifies matters for her and the private bar in Kingston.
Having part-time Crowns on a rotating basis causes problems. In a recent Charter case described in the report on Sharbot Lake criminal court elsewhere in this issue, Ms. Knox/Leet succeeded in having the Charter appeal dismissed. However, she then ignored some basic court procedures and the charges were thrown out. This may have been due to pressures on her which were not acknowledged by the court administration. She said in relation to another Charter case that she had not been given adequate notification and time to prepare. If that is the case, and part-time Crowns are not adequately supported, it is a very troubling matter and ought to be addressed.
However, Ms. Knox/Leet made some comments in court about the Sharbot Lake court which are troubling. She noted that Sharbot Lake is a little difficult and said that, it is difficult to get people to come here. On the day that she made these statements, there were two lawyers from Ottawa, one from Perth, one from Napanee, and one from Kingston. They know Judge Wright means business, and seem to get there to defend their clients.
I think some basic questions have to be asked. Are part-time Crowns given enough support to adequately prosecute cases in Sharbot Lake? And might justice in Sharbot Lake be better served if the office administering the courts could assign a regular Crown to Sharbot Lake (as they have the judge), rather than a series of rotating ones?.
The marked improvement in our local courts is a good news story, and I would like to think that The News has had something to do with it through offering constructive criticism. The Rural Legal Clinic has also facilitated a move that could lead to further improvement. Legal Aid Ontario is considering requiring duty counsels to extend their stay on court days beyond court hours. This would greatly assist defendants who are bewildered by the system.
Communities can make a difference. We need to continue to speak out.
