Saskatchewan’s provincial courts are suspending a swath of proceedings as coronavirus case numbers rise.
Come Dec. 14, most trials, preliminary inquiries and in-person hearings will be suspended until Jan. 16.
“The CMHO (chief medical health officer) has advised against unnecessary travel outside of home communities and reduced the maximum gathering limits,” provincial court chief judge J.A. Plemel said in a statement.
“It has also increased the recommendation for distancing, where physical barriers are not present in courtrooms, to three metres.”
In a letter from an administrative judge obtained by Global News, lawyers were told they can apply to have trials proceed if they can be done safely.
“If a determination is made that the trial should proceed after balancing the importance of running the trial and the risk to the court party and the community, the court may direct that the circuit facility be opened for that purpose,” the letter reads.
‘Justice delayed is justice denied’
Court officials are in a difficult position, said Regina-based defence lawyer Aaron Fox.
“There’s an old saying, ‘Justice delayed is justice denied,’ and that certainly applies,” Fox told Global News.
“If you’ve got a criminal matter hanging over your head and you’re expecting it’s finally going to get resolved and now it isn’t, that’s a troubling situation.”
At the same time, the court must consider safety, he said.
Steps have been taken to decrease the risk of infection in courtrooms. However, Fox said provincial courtrooms are small, so maintaining three metres between all parties is challenging.
“Unfortunately… in Saskatchewan, we don’t like spending a lot of money on courtroom facilities,” Fox said. “At a time like this, it really shows.
‘Numbers are going to explode’
The delay will stress the already-backlogged court system, Fox said.
As a result, a Saskatoon prisoners’ rights advocate said she fears some inmates will spend more time behind bars than expected.
People will continue to go to jail, but far fewer will leave, said Patti Tait, acting executive director for Saskatchewan’s Elizabeth Fry Society.
“The numbers are going to explode even greater than they are today,” Tait said in an interview Thursday.
Putting justice on ice is unacceptable, she said.
Saskatoon defence lawyer Lisa Watson said Tait’s concerns are valid, but the suspension could help secure some remanded inmate’s early release.
“(It) may allow defence counsel and Crown prosecutors to take a closer look at whether that person really needs to be remanded or whether they can be released on conditions,” said Watson, Saskatoon Criminal Defence Lawyers Association co-president.
Other operations to continue
The court is committed to maintaining access to critical services, while ensuring public safety, Plemel said.
Ultimately, Watson said nobody wants to see matters delayed.
“But when we’re looking at the broader picture, it simply makes sense to do so at this point,” she said.
Aside from preliminary inquiries and trials, she said most other provincial court proceedings have been happening over the phone.
Circuit court dockets will continue over the phone, while traffic court at off-site locations in Saskatoon, Regina, Prince Albert and Estevan are not affected because there’s enough space for physical distancing.
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