Justice system delays prevent healing: Advocates

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This article was published 12/01/2022 (1530 days ago), so information in it may no longer be current.

Delays in the justice system due to surging COVID-19 cases in Manitoba are prolonging the court process and having a negative impact on both victims and people accused of crimes, some advocates say.

“The impact is not being able to have healing through the process,” said Brandon Police Service victim services co-ordinator Gina Bartley-Ricketts.

Both provincial court and the Manitoba Court of Queen’s Bench have again delayed many in-person trials and sentencings in response to health concerns during the pandemic.

While courts largely reopened at times over the nearly two years of the pandemic, including last summer and fall, the latest shutdown is in place until at least March 4 in the Court of Queen’s Bench.

Some matters in criminal court that would usually take six months to a year are now taking two years, Bartley-Ricketts said.

That extends a sometimes painful court process for victims, Bartley-Ricketts said, which can have an impact on their mental health.

“We try to encourage them that at some point we will have certain cases that can be dealt with,” she said.

“Some understand that, some are just [saying] ‘Well, how many more times can this person appear in court, or how many more times am I going to hear that this is another court date?’”

The court process and having a voice in the proceedings is a big part of healing for many victims of crime, she said. But when in-person cases are delayed, justice can seem slow and victims don’t have a chance to read victim impact statements.

“Once the sentencing is done, there is relief, there is thankfulness that they actually came to court and they saw everything. To have that visual, hear the words that are being said, it does have a really healing impact on the victim,” she said.

Victim services workers can also refer victims to counsellors or other resources in the community for support while the justice system plays out.

The move to delay in-person proceedings is about protecting people involved in the justice system, according to a Dec. 24 notice.

“Given what are the heightened dangers surrounding the new omicron variant and specifically, its worrisome transmissibility, the Court of Queen’s Bench is now required to take steps to once again find a new balance between the protection of all court participants and the provision of its judicial service in both the General and Family Divisions,” a written notice signed by Court of Queen’s Bench Chief Justice Glenn Joyal reads.

Criminal jury trials between Jan. 10 and March 4 needed to be rescheduled, including in Brandon. Trials by judge alone where the accused is out of custody will also be rescheduled until March 4, the notice reads. Trials where the accused is in custody will proceed as scheduled.

In provincial court, all in-custody and out-of-custody trials, continuations, special sittings and preliminary hearings will be heard in person. Court is closed to the general public and the accused and witnesses can have a maximum of two support people with them, reads a notice signed by Chief Judge Margaret Wiebe.

Bail hearings and dispositions in provincial court will presumptively be done virtually, according to the notice.

The court delays don’t only have an impact on victims of crime, but also on the accused, John Howard Society of Brandon executive director Ross Robinson told the Sun in December.

“Remand is a terrible situation to begin with, and then it just becomes unending, like ‘When is this going to be resolved?’” he said, adding it could also mean additional costs for things like child care for victims.

People accused of crimes also spend more time sitting in police custody or jail before appearing in court, Robinson said. That could mean people lose their jobs or their place to live, along with increased stress on personal relationships as matters drag on.

“It just goes on and on. If the accused is found not guilty … they just endured months of stigma and ostracized from their community,” he said. People are also not financially compensated for time spent in pre-trial custody.

“It’s just not a very good situation,” he said.

Once the circumstances stabilize, Bartley-Ricketts said she hopes the province can create a plan to move through the backlog of delayed cases quickly.

“That will provide healing for both the victim and the accused.”

» dmay@brandonsun.com

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