Crammed court schedule
Bail hearings not held until after working hours, no longer heard by judges
Daniel Campbell
Northern News Services
Published Thursday, October 24, 2013
SOMBA K'E/YELLOWKNIFE
Changes to the Yellowknife courts aren't sitting well with some lawyers.
Recent changes at the Yellowknife courthouse means accused who are granted bail are released after working hours. - NNSL file photo
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Just over one month ago, Yellowknife judges stopped conducting bail hearings, passing them down to a lower court. Now justices of the peace in Yellowknife can decide whether or not someone charged with serious criminal offences can be released before their trial.
The move to a lower court, while common practice in the rest of Canada, has caused some scheduling problems with lawyers and their clients in Yellowknife. The courts recently closed the justice of the peace (J.P.) courtroom for renovations, moving the matters up to the courtroom used for territorial matters.
The move means J.P. bail hearings are happening after territorial court is completed, usually after 4 p.m.
Caroline Wawzonek, Chair of the Criminal Law Section of the Canadian Bar Association's NWT Branch, said the change isn't acceptable for those released on bail.
"When people are released, often coming from other communities ... they're released with no papers and no documents."
Court staff charged with helping those released only work 9-5 p.m., meaning by the time a bail hearing is done, the workers have gone home.
"Is it safe to have that person thrown out on the street?" Wawzonek asked.
"We have a lot of concerns."
Wawzonek remembers man brought to Yellowknife for his bail hearing who wasn't released until after 7 p.m. He was unable to find housing for the night, as the Salvation Army closes its doors at 7 p.m.
"That's not an appropriate way to deal with our citizens," Wawzonek said.
The move is putting a strain on the lawyers as well. Wawzonek, who speaks for both Crown and defence lawyers, said they're having to work later to keep up with the court schedule.
"Consul from defence and the Crown are salaried, so when they work past five they're working for free," Wawzonek said.
Jeff Round, courts administrator in Yellowknife, said the move is only temporary until renovations are done. The JP courtroom was originally designed to hear minor matters like traffic fines. Now that justices in Yellowknife conduct bail hearings, they need to add a witness box to the room, he said.
More responsibility
Wawzonek said even though justices are less qualified than judges, she has no specific concerns about their abilities to conduct bail hearings.
"Bail is a very difficult area of law. You're being asked to evaluate something at the front end," she said.
"The Canadian Bar Association is happy if the system is able to work together and work efficiently. We have no specific concerns of J.P.'s taking on this responsibility."
Rounds said it's common practice for justices to conduct bail hearings in the rest of Canada.
"The chief judge (of the NWT) can change and amend powers from time to time, as court sees fit. This brings J.P. powers in to line with rest of Canada," Rounds said.
The new responsibilities mean some of the justices need to undergo more training, Rounds said. Most of them have only dealt with minor matters such as traffic tickets. The additional training allows justices to sentence people on territorial and municipal offences, handing out punishments of up to $5,000 and/or six months in jail.
While restricted from sentencing on more serious federal matters, justices in Yellowknife can conduct bail hearings for those charged with criminal code offences.
Wawzonek said if lawyers are involved in a complicated case, they can request a judge to conduct the bail hearing instead.
