Lawyers call for courts to dramatically reduce number of people on remand

New Brunswick lawyers concerned about COVID-19 spreading through jails say the justice system should dramatically reduce the number of people awaiting trials and hearings in custody.

Mathieu Boutet, a Moncton defence lawyer, said his clients feel vulnerable,waiting for COVID-19 to infect their jail population when they're still presumed innocent.

"I'm terrified we have this black spot where no one is looking," he said. "We need to address this immediately before it becomes a bigger problem."

He said several decisions out of Ontario show judges are more likely to release people on bail while they await trial since the coronavirusoutbreak began.

"Essentially, I think that's what the courts should be doing. But we're a little bit slow on that end here in New Brunswick."

He said in every other aspect of the response to COVID-19, the New Brunswick courts have moved quickly.

"But in my opinion, for individuals who are incarcerated looking at bail or pleas, sentences or trials, there's actually been a slowdown."

Advocates have been calling for the temporary release of people in custody, even ones found guilty and sentenced, because there's a risk that once COVID-19 enters a jail, it will spread exponentially. Advocates have also spoken out about the difficulty of maintaining physical distancing inside, and the mental health impacts of cancelling visits.

New Brunswick courthouses have reduced operations to hearings considered "essential," including domestic disputes and urgent criminal matters. Most bail hearings are done by video conference or over the phone.

Crown prosecutors ... are making every effort to ensure bail hearings are only requested when deemed necessary.- Coreen Enos, provincial spokesperson.

All jury trials have been postponed to tentative dates in June and later, but it's not clear if courts will be able to resume operations by then.

Saint John defence lawyer Nathan Gorham said this has left his clients afraid for their safety but also unsure when they'll be able to defend themselves in court.

"I think that every person who's been detained at the pretrial phase of the process should have their case looked at closely to see if there's any reasonable way that they can be released," he said.

He said there should be some plan available to protect the public and release people on bail, such as having strict house-arrest rules and zero-tolerance for any breaches.

Province releasing convicted inmates

Meanwhile, the province says it has strengthened the screening of staff and new inmates, improved cleaning andbeen releasing people using the temporary absence program.

Government spokesperson Geoffrey Downey said the program has been used for years to rehabilitate people and "reduce institution populations."

He said with that program the "lowest-risk, sentenced inmates" are sent back to the community to finish their sentence under supervision.

Government spokesperson Coreen Enos said that since the beginning of March, 34 inmates have been put on temporary absence.

However, Downey said this program does not apply to people on remand.

Enos said a decision to release a person early is based on the nature of the sentence (if it's a non-violent crime), criminal history, sentence length, days remaining in sentence, stability of home life and the person's conduct in the institution.

Gorham said the threshold for who should be kept in custody based on the nature of their crimes should be higher for people not proven guilty yet.

"You could have really unfair situations whe.re people who were actually innocent are held on bail," just because they're accused of a violent crime, he said.

Enos said bail hearings are essential and are done by video conference or phone.

"Crown prosecutors are very aware of the present situation and are making every effort to ensure bail hearings are only requested when deemed necessary," she said.

Enos also said no directives have been issued by the courts in relation to bail hearings.

Boutet said this is what's missing.

"I see a willingness in individuals to do what they can to help," he said. "But without direction, without policy in place, without a clear indication of what type of steps to be taken, wishes are just that. They're wishes."