The lack of a permanent sitting judge at Sechelt Provincial Court, now into its fifth month, means criminal trials are being scheduled almost a year into the future, and there is worry that some cases will have to be dropped.
"Depending on how far back [trials] go, we're starting to tread that fine line where cases will be put out on a charter argument that there's been an unreasonable delay," said Gibsons Coun. Wayne Rowe.
Rowe, who is also a practising lawyer, was part of a delegation of local government leaders that travelled to Victoria last week to meet with attorney general Michael de Jong to press for a permanent sitting judge.
Provincial court in Sechelt now relies on temporary judges coming from the Lower Mainland after the retirement of judge Ann Rounthwaite in January. Sitting court days have been reduced for criminal, family and civil matters to two or three days a week and sometimes less.
"This week we only have one day for a [criminal court] judge. It's basically two days a week for May. June - some weeks we have three days a week. July, it's three days a week," said Crown Counsel Trevor Cockfield. "We are now starting to set dates into February and March of 2011, so we're already up at 10 months, which is starting to get into the range when courts will start considering whether a delay has occurred."
Those delays, Cockfield said, are sometimes enough for a lawyer to argue for a case to be dropped.
The Sunshine Coast's judicial situation is starting to show similarities to a recent situation in Cranbrook where an accused cocaine dealer was let off after it took almost two years to secure a trial, and the man's lawyer argued his client's right to a trial had been violated because of the delay.
The delegation to Victoria, which included Gibsons Mayor Barry Janyk, Sechelt Mayor Darren Inkster, Sunshine Coast Regional District vice-chair Garry Nohr and Sechelt Indian Band Chief Garry Feschuk seems to have had some success in getting the message through.
"The attorney general is going to go back and let his staff have discussions with the chief judge of the provincial court and they've committed to reporting back to us by the end of May as to what they can do," Rowe said in his report to council on Tuesday night. "I think they heard our message, and my feeling was that they genuinely want to find a solution for us. Whether or not that materializes remains to be seen."
Janyk and Rowe both said, despite the frustration over delays in family court dates and concern about criminal court delays, they felt optimistic a permanent appointment would be made and that de Jong was impressed with their delegation and its ideas.
During the meeting with de Jong, the delegation stressed that it is vital for small communities to have judges who are familiar with the jurisdiction they preside in.
"We need to have a judge who knows this community and understands, particularly, First Nations dynamics and the type of justice system the Sechelts are seeking," Janyk said.
In a separate interview, Feschuk agreed with the sentiment: "We, the Sechelt Nation, would like to have a resident judge. The previous judge came and met with the Sechelt people and wanted to know what services we could provide that could be factored into decisions," he said.
"We have a lot we can offer that we offer our community members and whether we could factor it in. It's all about when people fall, how you can pick them back up."
Rowe said the reason for the delay in an appointment has been the lack of a budget - not for a judge, but for support staff at the Sechelt courthouse that is required for a full-time judge.
Powell River-Sunshine Coast MLA Nicholas Simons raised the issue in question period in the Legislature on Monday, May 3, and questioned de Jong on why there has been such a long delay in getting a judge.
De Jong responded by downplaying the lack of sitting days, but conceded it is an important matter for the Coast and he will continue to work on the issue.
"I understand, however, the preference of the communities on the Sunshine Coast to have a resident judge. I indicated to the local leaders, mayors and chiefs that we would be engaged in discussions with the chief judge about that matter," de Jong said.
In a later interview, Simons reiterated previous comments that his biggest concern was for families in crisis that need time before a judge but must wait to do so.
At Tuesday's council meeting, Rowe said family court dates are being pushed back and he was aware of one case where a parent had to go six weeks without seeing their child while they waited to get a custody hearing.
