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Courts in North set pace

NWT has a grip on high cost of justice

Dawn Ostrem
Northern News Services

Yellowknife (Dec 04/00) - The frugal conduct of the Northern court system is catching on in the south.

Total court spending in the Northwest Territories in 1998-1999, before the Nunavut split, was just over $9 million.

That included everything from lighting and heating to lawyer's fees.

Figure in high travel costs in the North and a preference for jury trials and the average cost of $36,000 a day is even more impressive.

In Ontario, daily court costs average $113,000 per day.

"From what I know of the south, my perception is we're kind of on the leading edge," said Crown counsel Alan Regel.

He said courts in the North seemed to have always considered the high cost of transportation. Lawyers resort more often to sworn statements to gather testimony from witnesses.

"We've even had expert witnesses give evidence over the telephone," Regel said.

During court proceedings judges and lawyers are often heard discussing testimony options and whether flying in a particular witness is warranted.

Recently, territorial court Judge Brian Bruser criticized a defence lawyer who said his client would have to reschedule his trial. Bruser raised concerns about the travel costs for witnesses.

Regel said southern lawyers are sometimes surprised to learn the court pays for a witness's transportation, whereas in the south they are sometimes expected to bear their own costs.

Witness travel costs have steadily decreased in the NWT, in most cases, even though the cost of airfare has significantly increased.

The Criminal Code was recently amended to allow witnesses to testify by video links if the cost of getting them into the courtroom is too high.

There are similar provisions for audio evidence as well as written testimony.

The operation of the court system in Canada cost $27.96 per Canadian in 1998-1999. In the NWT the per capita expenditure was $136.59 per person.