The government’s failure to fund court services adequately sacrifices public safety, access to justice and individual rights, and wastes taxpayers’ money.
Last week, a man charged with cocaine trafficking — a serious offence in this time of fentanyl — was freed because there was no sheriff to bring him from the Victoria courthouse cells to the courtroom for his trial. On Wednesday, a man charged with dealing heroin and weapons offences was set free.
In both cases, the judges stayed the charges, citing the legal requirement for a timely trial and the unfairness of holding people in jail simply because of “a lack of provincial will to provide the necessary resources,” as Justice Robert Johnston noted in the cocaine case.
These were not isolated incidents.
Trials are delayed, charges are stayed and prosecutors reach plea deals simply because there are not enough staff to operate the system safely.
And the problem doesn’t just affect criminal trials. A provincial courtroom was closed all day Wednesday in Victoria, and all appearances cancelled, because of the lack of sheriffs. Conferences to resolve family disputes and settle other cases were cancelled — adding to long delays in the system, and frustration for people seeking justice, or at least resolution.
Neither is this situation unexpected. There are not enough sheriffs because the provincial government has systematically underfunded the court system.
The B.C. Liberal pre-election budget unveiled this week calls for a six per cent increase in the court-services budget — and then for two years of zero increase. Even with the extra money, the court-services budget is 25 per cent lower than it was a decade ago.
In the legislature this week, NDP justice critic Mike Farnworth noted at one time 35 sheriffs worked in Victoria; now there are 21. Across the province, the number of sheriffs available to provide security in courtrooms and transport prisoners has fallen by 20 per cent, he said.
The government’s mismanagement is costly for taxpayers. The court was ready for the trial last week. A judge, prosecutor, defence lawyer and clerks were all there, and collectively cost taxpayers far more than the $30 an hour paid to sheriffs.
On Wednesday, those whose time was wasted included four Victoria Police Department officers waiting to testify in the heroin-trafficking trial. Overtime costs for officers testifying in court are among the factors driving the average compensation for a VicPD officer to more than $100,000.
There is no reason for the shortage, beyond the government’s mismanagement. The sheriff’s job requires a high-school diploma, and the basic training is four months. There are challenges in dealing with potentially violent offenders and tense courtroom situations, but good candidates can be found for the $56,000-a-year jobs.
The government could have addressed the problem at any time by providing the relatively small amount of funding for the training and salaries. Instead, it starved the system of funds.
There are other problems in the justice system, of course, and many possible solutions. But until they are in place, it’s vital to provide adequate resources.
Citizens count on the courts for justice and to ensure individuals are fairly tried and, when necessary, locked up. Many accused hope to be cleared when given their day in court. Families are desperate to resolve issues of child support and custody. Businesses and individuals look to the courts as a last forum for resolving disputes.
They are all failed by needless delays.
When the courts break down as dramatically as they have in Victoria, the entire justice system — fundamental to our society — is brought into disrepute. And the blame lies with government.
