Wheels of justice in Labrador need to speed up to meet new standards

The staying of child luring charges against a former Mountieis prompting questions about whether the court system in Labrador can meet new, tighter timelines set by the Supreme Court of Canada about an accused's right to speedy trial.

Ian Kaulback was accused of using the internet to lure a child while he was stationed in Hopedale. The charges were stayed because the court process dragged on too long.

It gives the public the perception that it's not worth going tothe authorities.- Lori Dyson, Violence Prevention Labrador

In R v. Jordan, published in July of last year, the country's top court said trials should be heard within 30 months, or 18 months if there is no preliminary inquiry.

Just this week, there were two"Jordan applications" in Happy Valley-Goose Bay court. One was denied, the other set over to a later date.

"It's very frustrating for us," said LoriDyson, chair of Violence Prevention Labrador, a group that works to eliminate violence and support victims.

"It gives the public the perception that it's not worth going to the authorities.

• Overscheduling cases 'ridiculous,' Happy Valley-Goose Bay judge says

The provincial court in Happy Valley-Goose Bay is the second-busiestin the province, after St. John's. With just two courtrooms and regular trips to coastal communities for circuit court, time before a judge is often double- or triple-booked.

The result is a slow-moving system which sees regular delays and long periods between court appearances.

Dyson saidthe process is discouraging for victims, especially those who live in small communities on Labrador's coast.

"You can't avoid [the offender], they're probably living next door to you or across the street. In a community of 300 or 400 or 500 people, it's hard to avoid that situation."

Bail bonanza

Stacy Ryan, a former legal aid lawyer who worked in Happy Valley-Goose Bay for 16 years, saidmeeting the timelines set out by Jordan is "doable," but it will take work from lawyers, judges, and court staff.

"A lot of things affect court dates," she said.

"You may find yourself in court one day prepared to proceed to trial but there may be other pressing matters that may take up the time, such as bail hearings."

Bail hearings often take precedence over other matters in Happy Valley-Goose Bay provincial court because of strict time limitations.

There have been a number of cases in which people accused of violent crimes have been released without a bail hearing because the court simply couldn't fit them in.

• Judge vs. judge in Labrador court resources fight

But fitting in bail means squeezing out something else. That's why Ryan believes Happy Valley-Goose Bay should have a courtroom dedicated only to bail hearings.

"These are the types of the ideas that I want to hear more of," said Newfoundland and Labrador justice minister Andrew Parsons.

More cases in jeopardy

The minister said he didn't know exactly how many Jordan applications had been submitted to courts in the province, or how many cases would be jeopardized by the new time constraints but said the number was "in the tens."

Parsons said he wanted to "have conversations" with the people working in the court systems to look for solutions. He also supported a call from Ontario's attorney general for federal reform on preliminary inquiries.

You can't just go out and say, 'we're going to hire more judges.' That is a huge cost.- Andrew Parsons

"The concept of preliminary inquiries is something that's now, in many cases, outdated. I think we need to do away with it. I think it's a step that only adds extra time and may not be necessary."

Parsons said he was "looking at the possibility of trying to add Crown resources," but was reluctant to commit to any new investment inthe Happy Valley-Goose Bay provincial court, though he described the courthouse as "bursting at the seams."

"It's not so easy," he said. "This is a pressure we're feeling everywhere. You can't just go out and say, 'we're going to hire more judges.' That is a huge cost."