Fix up community courtrooms - judge
Deadline was imposed for government to improve buildings used for proceedings
Myles Dolphin
Northern News Services
Published Monday, December 16, 2013
IQALUIT
Judge and prisoner suffer the same fate when Nunavut courts go on community ciruits.
Past experiences in courtroom settings include people having to wear parkas, buildings with no running water or working toilets, blocked emergency exits and communities without available accommodations.
Justice Robert Kilpatrick, fed up with sub-par facilities at stops along the circuit court, issued a set of nine directives on May 27 and set Jan. 1 as the deadline for his requests.
That deadline won't be met. Court Services was to ensure facility owners across Nunavut enter into contractual agreements with the territorial government to comply with "minimum standards" for proper circuit court proceedings.
When lawyers, judges and interpreters travel outside of Iqaluit, court is often held in schools, hamlet offices and community halls.
"The government is in control, it's the government's responsibility to provide these resources to the court, not the hamlets," Kilpatrick said.
"If the hamlets can't provide it, seems to me someone over there at Court Services needs to be a bit more proactive, and figure out what the court needs to operate and actually go out and ensure it's provided. That's not asking too much."
Although Norman Tarnow, the deputy minister at the time of the directive, addressed the court's concerns with the department of Community and Government Services, the deadline will not be met.
Court Services audited various facilities throughout the territory to address Kilpatrick's concerns and will implement short-term solutions, such as heaters during the winter, to start, officials said.
"Long-term solutions are being sought on a multi-departmental level," stated Joe Kucharski, the director of Court Services, in an e-mail to Nunavut News/North on Dec. 10.
"Court Services has discussed several options with the courts relocating circuit facilities in communities from facilities that do not meet standards to different buildings that could accommodate the court's needs. This option has yet to be canvassed with these facility providers or the government departments it would affect and are still in the discussion stages."
Kucharski said Kilpatrick was advised the deadline would not be met and he is being kept apprised of steps taken to address the issues listed among the nine directives.
"The court expects Court Services to require the owner of any facility intended to be used for court purposes to enter into a written contractual agreement with the government of Nunavut stipulating that the facility will meet the minimum standards required by the court for court operations," Kilpatrick stated in his directives.
One of the directives states facilities must have phone jacks in working condition within the courtroom, while another states the facility must have an emergency exit.
"It is setting minimum standards - we're not expecting the Taj Mahal," Kilpatrick told Nunavut News/North in an interview in June.
"As a result of continuing issues, problems, concerns being raised by both members of the public and by lawyers, court staff and judges, the court decided to issue an operational directive regarding court facilities.
"All this directive really does is it reminds the Department of Justice, through Court Services, of its ultimate responsibility to ensure whatever facilities are being contracted, that they meet our needs."
Kilpatrick, who has been working the Nunavut court circuit since 1999, has seen his fair share of facilities and accommodations. He said staff and members of the public shouldn't be subjected to unsafe or unsanitary conditions that present risks.
"The court isn't expecting perfection," he said. "But there needs to be an understanding on the part of the government that we need certain minimum standards met in order to protect personnel and members of the public who are using the facility, and to enable us to do a proper job."
Following the next audit of court facilities, Kilpatrick will examine the report from Court Services outlining the results and expects alternate arrangements to be made in the event hamlets cannot comply with his directives.
Failing that, according to Kilpatrick's operational directives, the court may discontinue services to a community.
