Prosecutors say mediation on workload grievance failed

WINNIPEG — The Manitoba Association of Crown Attorneys says mediation with the provincial government related to its grievance over longstanding workload concerns was unsuccessful.

The grievance was filed more than two years ago by the union for Crown prosecutors and other government lawyers.

The matter had initially been scheduled to go to arbitration this week, but the association said it instead agreed to mediation. However, that process broke down.

“We’re disappointed that the province did not take this opportunity to meaningfully engage,” union president and senior Crown prosecutor Michael Desautels said in a news release Friday.

He said proposed changes to the Criminal Code, tabled in Parliament by the government this week, will further increase workloads.

“We are, frankly, astonished by the lack of action and foresight (of the Manitoba government),” said Desautels.

Meanwhile, workloads have increased because Manitoba RCMP recently equipped officers with body cameras, meaning the volume of evidence that must be reviewed has risen, he said.

“Crown attorneys are already working at capacity and we believe Crowns are being asked to do more with less,” said Desautels.

“If the government is committed to the administration of justice in this province, the premier and his cabinet need to make real investments.”

Desautels said there are “significant” problems with recruitment and retention, which will have an effect on public safety.

The union said it is arranging new dates for arbitration and it wants the hearing open to the public.

Justice Minister Matt Wiebe said the government is prepared to continue negotiating.

“I am disappointed and surprised that MACA have walked away from negotiations. We are not interested in negotiating through the media, but we remain prepared to stay at the table,” said Wiebe in a statement.

“We would like to solve this issue by talking with MACA to resolve the grievance that was initiated under the previous government … We value the work of our Crowns and our latest agreement with MACA reflects their important work and we will continue supporting them as they keep Manitobans safe.”

The union has said the new hires have just backfilled positions as Crown attorneys leave.

The union filed two new grievances in late August related to health and security issues and what it says is a delay in filling senior roles.

The first of the new grievances focuses on concerns about air quality and asbestos remediation at the Woodsworth Building in Winnipeg — where the main prosecutions offices are located, along with other Manitoba Justice offices — as well as the security of the Crown prosecutions office in Dauphin, and the Winnipeg offices of other government lawyers represented by the association.

The second new grievance was filed because, the union contends, the provincial government has been dragging its feet on filling general counsel positions in the Crown’s office.

General counsel are the office’s most senior lawyers, who provide policy direction, handle large and complex cases and give advice to other lawyers and the police, among other duties.

Officials with the association have long warned the number of Crowns employed by the province has not kept up with the growing workload, as crime rates worsen and cases become more complex, leading to concerns about public safety and the administration of justice.

» Winnipeg Free Press