Law Times

Page 2 April 8, 2013 Law Times • NEWS CDLPA head worried about northern Ontario justice system BY MARG. BRUINEMAN For Law Times D uring a recent tour of northern Ontario, County & District Law Presidents' Association chairwoman Janet Whitehead found a courthouse in Fort Frances, Ont., in poor repair where judges were hearing land claim cases in a room outfitted with tarps and hoses carrying water from a leaky roof. It's no surprise, then, that when it comes to access to justice, those working in northern Ontario say they feel like they've been left out in the cold. "So much of access to justice is reliant upon the gatekeeper of the justice system, which is the presiding judge," says Barbara Morgan, one of 11 lawyers working in the Rainy River, Ont., district and president of the District of Rainy River Law Association. another adjourn"When you don't ment. The remainder have a judge here, it of the cases go ahead really becomes a hitin Kenora, a situation and-miss approach that often forces peoto justice." ple in Fort Frances Some of the issues and Atikokan, areas surrounding native once served in Rainy justice arose in forRiver, to travel there. mer Supreme Court For Morgan, the of Canada justice situation has left a Frank Iacobucci's "tremendous gap" in report on jury repJanet Whitehead found hoses and tarps among the makeshift solutions resentation in Febru- to a leaky roof at the courthouse in Fort Frances during her recent tour service. So when Whiteary. While the inten- of northern Ontario. head accepted an intion was to address the issue of native representa- Thunder Bay. Each has its own vitation to address the recent tion on juries, Iacobucci noted complement of Ontario Court annual general meeting of the there were a host of other press- of Justice judges (four, one, and District of Kenora Law Asing matters. six respectively). But when the sociation as chairwoman of Despite the broader con- judge in Rainy River moved CDLPA, she thought it was a cerns about the justice system in away last June, the court trans- good opportunity to check out northwestern Ontario, Morgan ferred the position to Kenora. some of the concerns raised by says the push to have a resident As a result a visiting judge comes the membership in the north. judge is something the court can to a satellite court in the com- As it turned out, her trip fell on easily address and rectify. munity every eight to 12 weeks the heels of the release of IacoNorthwestern Ontario in- and inevitably cases languish bucci's report. Besides Whitehead's concludes three judicial districts: on the docket unaddressed Kenora, Rainy River, and with no disposition other than cerns about the physical CANADIAN LAW LIST 2013 YOUR INSTANT CONNECTION TO CANADA'S LEGAL NETWORK Inside you will find: of more than 58,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges in Canada; for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown corporations; February each year L88804-590 L88804-590 Prices subject to change without notice, to applicable taxes and shipping & handling. related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid, and other law-related offices of importance. MORE THAN A PHONE BOOK Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation Untitled-1 1 www.lawtimesnews.com 13-01-29 3:10 PM condition of the courthouse she visited, the delivery of justice is also reliant upon videoconferencing, something that's not a perfect technology and that many First Nations members aren't comfortable with. She also heard stories about limited availability of judges at satellite courts. "It really wasn't a question of whether there was access to justice but whether there was access to appropriate justice," says Whitehead, who feels there are serious issues surrounding the quality of justice available in northern Ontario. "Is this really what those residents should expect?" Whitehead has returned to her practice in southwestern Ontario but says the issues of the north remain a concern. She hopes to consult with the provincial attorney general's office to encourage a review of the decision to leave Rainy River without a resident judge and hopes to see an alternative solution in the interim. There's a concern, she adds, that the court could impose a similar decision without discussion or input in other rural communities in Ontario. What struck Whitehead during her trip was one of Iacobucci's recommendations that the attorney general study the adequacy of existing legal representation as well as the location and schedule of court sittings. Describing the justice system for First Nations people, particularly in the north, as being in crisis, Iacobucci called for the reintroduction of restorative justice programs that "would have multiple benefits at the community level. Such benefits include the delivery of justice in a culturally relevant manner, greater understanding of justice at the community level . . . and an opportunity to educate people about the justice system and their responsibility to become engaged on the juries when called upon to do so." In his statement responding to the report, Attorney General John Gerretsen mostly addressed the issue of representation of First Nations people on juries. But he added that a provincial advisory group would advise the ministry on matters relating to First Nations and the justice system. From her perspective, Morgan sees a great deal of potential for improvement in the sometimes-forgotten corner of the province. She points to Iacobucci's observation on the importance of the community's role in justice. Both Morgan and Whitehead would like to see a summit of some sort that would include various stakeholders in a bid to improve the system and reduce delays. But the work won't be complete until those involved have identified the problems, they say. LT

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