Supreme Court Justice Ted Richard's decision to cancel all jury trials in Rae-Edzo has caused concern and confusion within the community.

In a letter to defence lawyers on Sept. 13, Richard said all jury trials for Rae-Edzo defendants will be held in Yellowknife until further notice.

"On several occasions in the past six years, the court and its staff have arrived in the community of Rae-Edzo to find that adequate facilities were not available for the holding of a jury trial despite prior arrangements with the community representatives," he wrote.

Richard wrote the court has expressed concerns with community leaders in the past, "yet the problem persists."

On Dec. 12 in Supreme Court, defence lawyer Hugh Latimer challenged Richard's decision, claiming it violated the Charter rights of a client who wishes to be tried in his own community.

The accused is charged with sexual assault and assault. Both offences are alleged to have occurred in Rae-Edzo.

Although it was Richard's decision that jury trials be cancelled, he refused Latimer's suggestion that he declare a conflict of interest and excuse himself from hearing the argument for Charter violations.

Richard said he would not excuse himself because he is the presiding judge over the case.

Latimer argued there is no evidence on file indicating any reasoning for Richard's decision, no report from the sheriff on courtroom conditions and nothing filed by the Crown "to justify or back up" the cancellation of jury trials in Rae-Edzo.

Not a Charter right

"Without any evidence on file ... the hamlet of Rae-Edzo and the accused are being singled out," he said, citing Section 15 of the Charter of Rights and Freedoms, indicating he believed his client is being discriminated against.

Richard said the man "does not have a right, let alone a Charter right, to a jury trial in Rae-Edzo."

He said holding jury trials in communities where the offences were alleged to have occurred has simply been a "long-standing practice and tradition in this court" over the past 40 years.

Richard said the courtroom facilities in Rae-Edzo have been "unsatisfactory" consistently over the past several years. He indicated he had received a letter from community leaders back in 1996 "promising to rectify the situation.

"But yet the pattern persists," said Richard. He said community leaders in Rae-Edzo "have failed the court and have failed the community. We do not have this experience in any other community."

In a letter to Justice Minister Roger Allen last month, Rae-Edzo Mayor Eddie Koyina said he was not aware of any problems with courtroom conditions in his community.

"If the facilities were inadequate the hamlet would appreciate being informed on how we can make them more adequate. Most communities have their trials in public buildings equal to Rae-Edzo," Koyina wrote on Nov. 12.

Richard declined to provide News/North with any information about courtroom conditions in Rae-Edzo.